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 February 1, 2010, the Defendant was sentenced to a summary order of KRW 3 million due to a violation of the Road Traffic Act (driving) at the port branch of the Daegu District Court on February 1, 2010; on October 1, 2013, the Defendant was sentenced to a summary order of KRW 6 million due to the same crime in the same court; and on August 6, 2014, the Defendant was sentenced to a suspended sentence of KRW 6 million for six months for the same crime in the same court.

On March 31, 2019, around 21:20 on March 21, 2019, the Defendant driven a Fpoter cargo vehicle under the influence of alcohol level of about 0.104% with a blood alcohol level of about 0.104% at a section of approximately one kilometer from the Do in front of the north-gu, Mapo-gu, Mapo-si, Mapo-si to the front road in

As a result, the Defendant, who violated the prohibition of drunk driving more than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, and report on the circumstantial statement of a drinking driver;

1. Previous convictions: Criminal records, written judgments and application of each summary order Acts and subordinate statutes;

1. Relevant Article of the Act on the Crime and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act that selects the punishment for a crime [the selection of imprisonment and the blood alcohol concentration level, etc. shall be taken into account];

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (i.e., the violation of an error and the fact that a traffic accident has not been caused from the driving of this case);

1. Article 62 (1) of the Criminal Act on the suspended execution [Consideration of the grounds for discretionary mitigation and the fact that there is no record of criminal punishment sentenced to imprisonment with prison labor for a heavier punishment];

1. Probation and community service order under Article 62-2 of the Criminal Act;