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.

Criminal facts

On July 12, 2012, the Defendant received a summary order of KRW 2 million from the Seoul Central District Court to a fine of KRW 2 million for a violation of the Road Traffic Act, and a summary order of KRW 4 million from the Suwon District Court to a fine of KRW 2 million for the same crime on December 26, 2012.

On October 26, 2018, at around 01:50, the Defendant driven an E QM6 vehicle while under the influence of alcohol content of about 0.149% from the 3.4km section from the front of C in Sejong B to the front of Sejong D.

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.

To the extent that it does not infringe on the defendant's substantial right of defense, the criminal facts were revised in order to clarify the purpose thereof.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the drinking-driving control, inquiry into the results of the fact, the circumstantial statement of the drinking-driving driver, the circumstantial report of the drinking-driving driver, the vehicle inquiry, the 112 Report Handling Statement, and the register of driver's licenses; and

1. Records before and after judgment: Criminal records, inquiry reports, investigation reports (Attachment to the judgment of a third-class driver), and copies of each summary order attached thereto;

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. Article 62 (1) of the Criminal Act on the stay of execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the Act on the Suspension of Execution (Article 62 (1) in consideration of the danger and seriousness of harmful effects of a drunk driving, the criminal records of a criminal defendant, the criminal records of a criminal defendant are remarkably divided, and circumstances favorable to the

1. Taking lectures and community service orders under Article 62-2 of the Criminal Act;