The punishment of the accused shall be eight months by imprisonment.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On November 3, 2008, the Defendant issued a summary order of KRW 2 million for the crime of violation of the Road Traffic Act, the summary order of KRW 2.5 million for the same crime in the same court on November 17, 2008, and the summary order of KRW 5 million for the same crime in the same court on October 15, 2013.

On April 15, 2019, around 15:45, the Defendant driven Done Star Cargo at approximately 200 meters from the Southern-gu B to the front of the Nam-gu C Apartment at Port, Nam-gu, Nam-gu, Seoul, with a blood alcohol concentration of about 0.218% under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. The actual condition survey report;

1. Report on the result of crackdown on drinking driving and on the circumstantial statement of a drinking driver;

1. Previous records: Application of Acts and subordinate statutes to criminal records and investigation reports (Attachment to a summary order of the same criminal records as a suspect);

1. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018) (amended by Act No. 16037, Dec. 24, 2018) that has been punished four times due to imprisonment, blood alcohol concentration, and fines for drunk driving before the instant case; considering the fact that the instant driving caused the traffic accident due to the instant driving)

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Da1548, Apr. 1, 20

1. Article 62 (1) of the Criminal Act on the suspended sentence (see, e.g., Article 62 (1) of the Criminal Act)