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 December 8, 2006, the Defendant was issued a summary order of KRW 3 million by the Changwon District Court for a violation of the Road Traffic Act, and a fine of KRW 2 million by the same court on January 16, 2017.

On April 1, 2019, at around 00:45, the Defendant driven Category B cr-cr-crui in the state of alcohol alcohol concentration of approximately 0.129% from the Jingu Public Athletic Site in Jingu, Jingu, Jingu, Kim Young-si to the Jeju-do in the same Ri.

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. Report on the state of state of drinking drivers, and notification of the results of the regulation of drinking driving;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (a summary order of the same attached military records);

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. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., the fact that the defendant reflects the fact and the fact that the defendant does not have any criminal record exceeding the fine, considering the circumstances);

1. Article 62 (1) of the Criminal Act on the suspension of execution (the previous conditions shall be repeatedly considered);

1. Probation and community service order under Article 62-2 of the Criminal Act;