A defendant shall be punished by imprisonment for not less than eight 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

[criminal power] On November 29, 2010, the Defendant was issued a summary order of KRW 3 million as a crime of violation of the Road Traffic Act in the Gunsan Branch of the Jeonju District Court on November 29, 2010, and a summary order of KRW 1 million as a crime of violation of the Road Traffic Act in the Jeonju District Court’s Military Mountain Branch on September 21, 2016.

【Criminal Facts】

On April 15, 2019, at around 21:37, the Defendant driven D K7 cars while under the influence of alcohol of about 0.122% of alcohol concentration at approximately 20km from the front of the main place where it is impossible to identify the trade name in the motion picture dong in the Gunsan-si.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement, investigation report, and notification of the results of the control of drinking driving;

1. Previous records of judgment: Criminal records, repeated statements, investigation reports (related to the same kind of power), - Application of a copy of summary order Acts and subordinate statutes;

1. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for a crime;

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

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

1. Although the reason for sentencing under Article 62-2 of the Criminal Code of the community service order and order to attend a lecture had three times of punishment, the fact that the defendant again committed the crime of this case is disadvantageous, but it is more favorable that the defendant repents his mistake and reflects his mistake.

Considering such circumstances and the degree of blood alcohol concentration at the time of the instant crime, the punishment as ordered shall be determined by taking into account the Defendant’s age, character and conduct, environment, motive, means and consequence of the instant crime, and the circumstances after the crime were committed.