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

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

Punishment of the crime

[criminal history] On February 7, 2007, the Defendant issued a summary order of KRW 1 million for a violation of road traffic law at the Suwon Franchising Board, a summary order of KRW 1 million for a fine of KRW 1 million for the same crime from the Sungnam branch support on July 8, 2009, and a summary order of KRW 6 million for the same crime from the residents support of the Daegu District Court on June 11, 2012 to the same crime.

[Criminal facts] On June 5, 2018, the Defendant driven B EXE car under the influence of alcohol with approximately 0.082% alcohol concentration from the 4km section of approximately 4km to the front road of the Jinsung Oil station located in 20, Jin-si, Chungcheongnam-si, Annyang-si, Chungcheongnam-si.

As a result, the Defendant was punished more than twice for a violation of the Road Traffic Act (drinking driving) but driven again.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Notification of the results of regulating drinking driving;

1. Inquiries about criminal history and the application of Acts and subordinate statutes for investigation reports (verification of three-time records of drinking driving);

1. The provision of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime under the relevant provision of the Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act (i.e., reflective points);

1. Protection and observation and orders to provide community service and attend lectures under Article 62-2 of the Criminal Act;