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 August 22, 2011, the Defendant issued a summary order of KRW 1 million at the Seoul Central District Court for the crime of violation of the Road Traffic Act, and on October 14, 2011, the Defendant was a person who had a record of two or more times drinking driving by being issued a summary order of KRW 3.5 million with the same offense in the same court.

【Criminal Facts】

On October 30, 2018, at around 21:41, the Defendant driven a F Frix car in the state of alcohol alcohol concentration of about 0.118% at the section of approximately 200 meters from the road front of the C cafeteria located in Kim Jong-si B to the road front of the “E” restaurant located in D.

Accordingly, the defendant, who violated the prohibition of drinking driving more than twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Defendant's legal statement;

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

1. Investigation report (report on the circumstances of an immigration driver);

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (Attachment of the same kind of power) and Acts and subordinate statutes;

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 order to attend a lecture, even though the defendant had a record of two times or more due to drinking driving, was engaged in driving under the influence of drinking.

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.