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 March 26, 2010, the Defendant issued a summary order of KRW 4.5 million to a fine of KRW 2.5 million in the same court on July 31, 2014 due to a violation of the Road Traffic Act (driving) at the Gwangju District Court on July 31, 2014, and a person who was issued a summary order of KRW 7 million in the Chungcheong District Court on April 29, 2016 as the same crime.

【Criminal Facts】

Although the Defendant had been able to violate Article 44(1) of the Road Traffic Act more than twice, the Defendant driven a DNA car under the influence of alcohol at around 23:43 on January 7, 2019, in the section of approximately 100 meters around the roads adjacent to the restaurant of “C”, with a blood alcohol concentration of 0.061% (commark official application).

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

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

1. Notification of the control of drinking driving;

1. Ccafeteria parking screen CDs;

1. The Bamark official mark;

1. Criminal power: An inquiry report, an investigation report (report attached to a summary order of the same kind of power), - Application of the summary order of the same kind of power Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

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

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

1. Probation, community service order, and order to attend a lecture under Article 62-2 of the Criminal Act shall be selected by taking into account the period of recidivism, criminal records, etc.; however, a sentence shall be determined within the scope of discretionary mitigation, taking into account the background of the crime, the fact that the blood alcohol content is not significantly high, circumstances after the crime, and other sentencing conditions, and probation, etc. shall be imposed in consideration of the possibility of recidivism, etc.