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 October 8, 2009, the Defendant issued a summary order of KRW 1.5 million for the crime of violation of the Road Traffic Act at the Daegu District Court, and on March 11, 2010, a summary order of KRW 3.5 million for the same crime, etc. at the same court, and on January 11, 201, the Defendant was sentenced to imprisonment for 6 months and 2 years for the same crime, etc. at the same court.

【Criminal Facts】

On February 12, 2019, at around 21:10, the Defendant driven a FM5 vehicle in the state of alcohol alcohol concentration of about 0.091% from a section of approximately 200 meters, from the front of the C cafeteria located in P, racing-si, to the front of the E cafeteria located in D.

As a result, the Defendant again driven a motor vehicle while under the influence of alcohol in violation of the Road Traffic Act prohibition provisions.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. An inquiry report, such as a criminal history;

1. Investigation report (verification of the record of driving under the same kind of alcohol), - Summary Order and application of each of the statutes applicable to each of the judgment;

1. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 15530, Mar. 27, 2018); the choice of imprisonment for a crime;

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

1. The sentence shall be determined as ordered by comprehensively taking into account the records and arguments of this case, including the defendant's punishment records of drinking alcohol, blood alcohol concentration, driving distance, distance from previous punishment records, distance from previous punishment records, and other various sentencing conditions shown in the records and arguments of this case, such as the defendant's age, character and conduct, family relationship, motive and means of the crime, circumstances after the crime, etc.