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 November 12, 2015, the Defendant received a summary order of KRW 7 million for a crime of violation of the Road Traffic Act (driving) from the Jung-gu District Court, and on March 26, 2018, the same court received a summary order of KRW 3 million for the same crime and received a summary order of KRW 3 million from the same court on at least two occasions, but on May 8, 2019, the Defendant driving a B low-speed car from approximately 500 meters in the section of 50 meters from the Y-dong-dong to the front day of the election of the City.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and inquiry into the results of the control of drinking driving;

1. Application of Acts and subordinate statutes to criminal records, inquiry reports;

1. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for a crime;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. The reasons for sentencing under Article 62-2 of the Criminal Act include the following: (a) the Defendant was under the influence of criminal punishment three times due to the violation of the Road Traffic Act; (b) the Defendant was driving in a drinking state despite the history of criminal punishment; and (c) the Defendant was under the influence of criminal punishment; and (d) the Defendant was under the influence of criminal punishment when driving the instant case at the time of the instant crime; (b) the driving under the influence of alcohol is a crime that may cause serious damage to the life, body

However, the circumstances favorable to the defendant include the fact that the defendant recognizes the crime of this case and is against the defendant, and that there is no record of criminal punishment exceeding the fine, etc.

In addition, the records and arguments of this case, such as the age, character and conduct, family relationship, motive and background of the crime, and circumstances after the crime, etc.