A defendant shall be punished by imprisonment for not more than ten 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 28, 2007, the Defendant was sentenced to a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act in the Gwangju District Court's Netcheon Branch, and on July 21, 2010, the above court was sentenced to a suspended sentence of two years for six months due to the same crime.

On November 2, 2018, at around 22:45, the Defendant driven a D low-speed car in the state of alcohol alcohol concentration of approximately 0.185% from the 4km section before the water resources construction corporation located in the C in the summer-si. In order to the C front Road in the summer-si, the Defendant driven a D low-speed car in the state of alcohol level of about 4km.

As a result, the Defendant, who violated the prohibition of drunk driving more than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. The circumstantial statement of the employee;

1. Previous convictions in judgment: Application of inquiry reports, written judgments, and copies of summary orders;

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. Article 62 (1) of the Criminal Act;

1. Probation and community service order Article 62-2 of the Criminal Act: (a) The Defendant’s criminal records (in particular, the time interval with the previous criminal records, etc. of the suspension of the execution of imprisonment for the same kind of crime); (b) the degree of blood alcohol concentration of the Defendant at the time of driving of the instant case; (c) the driving distance of the instant case at the time of driving; (d) the discovery of the instant crime; (e) the circumstances after the instant crime; (e) the Defendant’s reflectivity; and (e) various sentencing conditions indicated in the records and arguments

It is so decided as per Disposition for the above reasons.