A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On April 1, 2010, the Defendant issued a summary order of KRW 1.5 million to a fine for a violation of the Road Traffic Act at the Jeonju District Court on April 1, 201, and a fine of KRW 3 million at the same court on March 15, 201.

Criminal facts

On August 18, 2018, at around 01:55, the Defendant driven a motor vehicle at 20 meters' blood alcohol concentration at approximately 0.186% from the front of the "C" road located in Seojin-gu Seoul Metropolitan City, Chungcheongnam-gu, Seoul Metropolitan City, to the front of the D in the Jeonjin-gu, Seoul Metropolitan City.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act 2 times and drives a motor vehicle under the influence of alcohol in violation of the same provision.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. An accident photograph;

1. Notification of the result of crackdown on drinking driving;

1. The circumstantial statement of the employee;

1. Previous records: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing of Article 62-2 of the Criminal Act on probation, community service, and lecture attendance order caused a traffic accident while driving under drinking, even though the defendant had a record of two times or more due to drinking driving.

However, in comprehensive consideration of the facts against the defendant, the fact that there is no record of a crime exceeding a fine, the age of the defendant, drinking alcohol, the circumstances and results of the crime, and other various circumstances shown in the pleadings of this case, such as the circumstances after the crime, the punishment shall be determined as ordered.