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.

Punishment of the crime

[criminal power] The Defendant, at the Daejeon District Court on April 25, 2007, has the record of receiving a summary order of KRW 1.5 million for the crime of violation of the Road Traffic Act; the summary order of KRW 2 million for the same crime in the same court on January 4, 2008; and the summary order of KRW 5 million for the same crime in the same court on March 14, 2016.

【Criminal Facts】

On September 23, 2018, the Defendant was under the influence of alcohol with 0.182% of blood alcohol concentration at around 01:35, the Defendant driven a DNA car at approximately KRW 200 meters from the roads front of the mutual influence in the Daejeon Dong-gu, Daejeon to the roads front of the “C” located in the same Gu B.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

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

1. Previous records of judgment: Application of Acts and subordinate statutes, such as a report on investigation (verification of the same kind of force), criminal records, and results of inquiry;

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

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

1. The period and contents of the same criminal records as the reasons for sentencing under Article 62-2 of the Criminal Act, and the drinking water of this case, distance, reflectivity, etc.