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 March 23, 2012, the Defendant was issued a summary order of KRW 1 million with a fine of KRW 1 million for a violation of the Road Traffic Act, and KRW 1.5 million with a fine of KRW 1,500,000 for a violation of the Road Traffic Act at the Cheongju District Court on December 7, 2017.

1. On September 20, 2018, the Defendant driven a D low-priced car under the influence of alcohol content 0.061%, i.e., a portion of approximately 900 meters from Heung-gu, Heung-gu to the front of the same Gu C apartment from Cheongju-si to the same Gu C apartment.

2. On October 3, 2018, around 22:54, the Defendant driven a D low-speed car with approximately approximately 20km section from Jincheon-gun to the front road of Jincheon-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-do. with a blood alcohol concentration of about 0.052% under the influence of alcohol.

Accordingly, the Defendant, who violated the provision on prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol in violation of the same provision.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Statement on the circumstantial statement of the employee;

1. Requests for appraisal of blood alcohol concentration;

1. A written appraisal of blood alcohol;

1. A report on detection of a host driver;

1. Application of Acts and subordinate statutes to criminal records, etc., investigation reports, and investigation reports (verification of the same type of power);

1. Relevant Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting a crime, and the choice of imprisonment with labor;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

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

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is recognized as a crime of sentencing, the fact that there is no other criminal record other than the criminal records indicated in the judgment, the fact that each of the blood alcohol content of this case is relatively high, and the personal damage is not caused, and other unfavorable circumstances, such as repeated drinking driving during a short period, and other unfavorable circumstances, such as the defendant's age, character, behavior, means, and consequence.