The punishment of the accused shall be eight months by imprisonment.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[Criminal Power] On February 13, 2015, the Defendant was sentenced to a summary order of KRW 3 million for a crime of violation of the Road Traffic Act at the port branch of the Daegu District Court on February 13, 2015. On September 23, 2015, the Defendant was sentenced to a suspended sentence of two years for imprisonment for a crime of violation of the Road Traffic Act at the port branch of the Daegu District Court.

【Criminal Facts】

On May 7, 2019, around 23:15, the Defendant driven Dsch Rexroth car in the state of alcohol with approximately 200 meters alcohol concentration of 0.135% from the north-gu B apartment road at port to the front road of C history.

Accordingly, the defendant, who violated the regulations on prohibition of drinking driving at least twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. The actual condition survey report;

1. Notification of the control results of drinking driving, and report on the circumstantial statement of a drinking driver;

1. Each photograph;

1. Previous convictions in judgment: Criminal records, each summary order, and application of statutes governing judgment;

1. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018) (amended by Act No. 16037, Dec. 24, 2018) regarding criminal facts: Imprisonment with prison labor; one time to suspend the execution due to drunk driving and non-licensed driving; three times to punish fines; and the occurrence of traffic accidents from the instant driving)

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Da1548, Apr. 1, 20

1. Article 62 (1) of the Criminal Act on the stay of execution [The grounds for discretionary mitigation and the fact that there is no past record of sentence of imprisonment imposed];

1. Probation under Article 62-2 of the Criminal Act;