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

On June 24, 2013, the Defendant issued a summary order of KRW 1,500,000 as a fine for a violation of the Road Traffic Act in the Gwangju District Court's Netcheon Branch, and on September 15, 2010, issued a summary order of KRW 1,00,000 as a fine for a violation of the Road Traffic Act.

At around 19:30 on October 6, 2018, the Defendant driven a DNA car while under the influence of alcohol 0.186% in blood alcohol concentration, from the roads in front of the coast park located in the Sejong-dong, to the roads in front of the city C in the same city.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. The actual condition survey report;

1. Report on the circumstantial statement of a drinking driver, and inquiry into the results of the control of drinking driving ( October 6, 2018);

1. Evidence and photographs of the traffic accident scene;

1. Previous records of judgment: Application of Acts and subordinate statutes to a record of the control of drinking driving ( May 27, 2013), the results of the control of drinking driving ( August 4, 2010), the inquiry into the results of the control of drinking driving ( August 4, 2010);

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. The main sentence of Article 62 (1) of the Criminal Act;

1. Probation, community service order, main sentence of Article 62-2 (1) and Article 62-2 (2) of the Criminal Act, Article 59 of the Act on Probation, Etc. shall be determined to prevent re-offending, taking into consideration the following circumstances: (a) the defendant's reason for sentencing under Article 62-2 (1) and (2) of the Criminal Act reflects his/her mistake; (b) the defendant has been convicted twice a criminal record; (c) the defendant's traffic accident while driving under drinking; and (d) the defendant's age, family environment; (d) the criminal record and the criminal record of drinking; and (e) the defendant's blood alcohol density