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] The Defendant, at the Daegu District Court on June 28, 2010, issued a summary order of KRW 3 million for the crime of violation of the Road Traffic Act at the Daegu District Court on the summary order, and on March 4, 2011, issued a summary order of KRW 2.5 million by the same court on the same crime, etc. on at least two occasions.

【Criminal Facts】

On September 4, 2018, at around 12:45, the Defendant driven D class III cargo vehicles with blood alcohol concentration of 0.186% at the 1km section from the Ccafeteria parking lot located in Yongcheon-si B via the Seodaemun-si distance located in the same city intersection to the said Ccafeteria parking lot again.

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. Statement to E by the police;

1. The actual condition survey report;

1. The circumstantial statement of the employee;

1. Notification of the control of drinking driving;

1. Investigation report (determination of suspect's blood alcohol concentration in property);

1. Previous records of judgment: Criminal records, results of inquiry, and application of Acts and subordinate statutes reporting criminal investigations (verification of the same type of suspect records);

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

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

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

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The fact that there exists a history of having been punished several times due to drinking driving, the fact that blood alcohol content is relatively favorable: The fact that a mistake is recognized and reflected, the fact that a vehicle is not re-offending, such as selling a vehicle, etc., a punishment shall be determined as ordered by the order, taking into account the various circumstances shown in the arguments of this case, such as the defendant's age, character and behavior, environment, family relationship, motive and consequence of the crime, and circumstances after the crime.