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.

Criminal facts

On July 18, 2008, the Defendant issued a summary order of KRW 1,500,000 to a fine for a violation of the Road Traffic Act, and on October 20, 2010, at the Suwon District Court issued a summary order of KRW 2,50,000 to a fine for a violation of the Road Traffic Act, and on October 24, 2010, at the Suwon District Court issued a summary order of KRW 3 million to a fine for a violation of the Road Traffic Act.

On August 30, 2018, around 06:13, the Defendant driven a Flus vehicle under the influence of alcohol with approximately 15km alcohol concentration of about 0.168% from the front of the “C” road located in Seo-gu Daejeon, Seo-gu, Daejeon to the front of the E Convenience point located in Seo-gu D.

Accordingly, the defendant was a person who violated the prohibition of drunk driving more than twice, and was driving again.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Report on occurrence and autopsy of a case suspected of driving under the Road Traffic Act, notification on the results of the regulation of drinking driving, report on the circumstantial statement of a drinking driver, and report on the circumstances of driving under the influence of alcohol;

1. Photographss of control sites, the register of driver's licenses, and car screening;

1. Previous convictions indicated in judgment: Criminal records, investigation reports (verification of the same criminal records), and copies of each summary order applicable;

1. Relevant legal provisions concerning the facts of crime, the choice of punishment, and the choice of imprisonment under Article 148-2 (1) 1 of the Road Traffic Act;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing):

1. The crime of this case, based on the reason for sentencing Article 62-2 of the Criminal Act, is a situation unfavorable to the defendant, such as the driving of a vehicle while the defendant had been punished for drunk driving several times, in light of the content of the crime, the degree of blood alcohol concentration, etc., and the fact that the driving distance at the time is considerably long.