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 8, 2006, the Defendant received a summary order of KRW 1,50,000 from the Daegu District Court to a fine of KRW 1,50,000 as a crime of violation of the Road Traffic Act. On November 28, 2013, the Defendant received a summary order of KRW 1,50,000 as a fine for the same crime from the Daegu District Court Kimcheon Branch.

【Criminal Facts】

On February 7, 2019, at around 03:20, the Defendant driven a F NewxG car with approximately 50 meters alcohol concentration of about 0.131% while under the influence of alcohol in the section of about 50 meters from the front of C in Gumi-si B to the front of E in D.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

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

1. Records before judgment: Application of inquiry reports and summary orders, such as criminal records, etc.;

1. Article 148-2 (1) 1 and Article 44(1) of the former Road Traffic Act (wholly amended by Act No. 15530, Mar. 27, 2018); the choice of imprisonment for a crime;

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

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

1. The sentencing of Article 62-2 of the Criminal Act is based on the following comprehensive consideration of the defendant's records of the same crime, the degree of alcohol level in the blood of this case, and the age, character and conduct, environment, motive, means and consequence of the crime of this case, and the conditions of all the sentencing shown in the pleadings of this case, including the circumstances after the crime.