The punishment of the accused shall be set forth in six months.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal power] On January 16, 2008, the Defendant was sentenced to a summary order of KRW 1 million for a crime of violation of the Road Traffic Act in the Daegu District Court's Port Branch on January 16, 2008, and a summary order of KRW 3 million for the same crime in the same court on June 1, 2011.

【Criminal Facts】

At around 16:40 on April 7, 2019, the Defendant driven a DNA motor vehicle under the influence of alcohol by 0.172% in the section of approximately 8km from the front of the new port breakwater located in 111-1 to the front of the C located in the north-gu, Chungcheongnam-gu, Seoul Metropolitan City.

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. Each statement;

1. The actual condition survey report;

1. Report on the result of crackdown on drinking driving and on the circumstantial statement of a drinking driver;

1. Each photograph;

1. Previous records: Application of Acts and subordinate statutes to criminal records and investigation reports (verification of violations of the provisions prohibiting drinking driving not less than twice);

1. Relevant legal provisions concerning criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (the choice of imprisonment, the degree of blood alcohol concentration, the degree of accident caused by the operation of the instant case, and the records of having been punished by a fine for three times prior to the instant case, due to drinking driving, etc.);

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Da1548, Apr. 1, 20

1. Article 62 (1) of the Criminal Act on the suspended execution [The grounds for discretionary mitigation and the fact that there is no past record of the suspended execution or more severe punishment after 1983];

1. Order to attend lectures under Article 62-2 of the Criminal Act;