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

[criminal power] On December 26, 2002, the Defendant was sentenced to a suspended sentence of 8 months by imprisonment for a violation of the Road Traffic Act (driving) at the Seoul Eastern District Court on December 26, 2002, and was sentenced to a summary order of 3 million won by the same court as the same crime, etc. on August 22, 2008. On April 10, 2009, the Defendant was issued a summary order of 3.5 million won by the Jungbu District Court for the same crime.

【Criminal Facts】

On September 11:30, 2018, the Defendant driven a Crane car while under the influence of alcohol concentration of 0.233% from approximately 2m sections of the Gyeonggi-si, Gwangju-si.

Accordingly, the defendant, who violated the prohibition of drinking driving more than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report, report on the results of the control of drinking driving, report on the circumstantial statements of drinking drivers, and written appraisal of blood alcohol;

1. Previous records of judgment: Criminal records, references to criminal records, amounts of previous dispositions, reporting on results of confirmation, and applying Acts and subordinate statutes to investigation reports;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

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

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

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The fact that there are three times the records of punishment for the crime of violation of the Road Traffic Act, the circumstances in which the blood alcohol concentration is highly favorable: The defendant's age, character and behavior, motive, means and consequence of the crime, and other conditions of sentencing specified in pleadings, such as the defendant's age, character and behavior, motive, means and consequence of the crime;