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

On September 30, 2008, the Defendant received a summary order of KRW 700,000 from the Gwangju District Court to a fine of KRW 700,000 as a crime of violation of the Road Traffic Act, and on July 24, 201, a summary order of KRW 3,50,000 as a fine for the same crime from the Gunsan Support of the Jeonju District Court

Although the Defendant had been punished for drinking driving two times or more as above, the Defendant driven a DNA-free vehicle around October 3, 2018, while under the influence of alcohol level of 0.154%, around October 3, 2018, while under the influence of alcohol level of 0.154%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, investigation report, inquiry into the situation of a drinking driver, inquiry into the results of the control of drinking and driving, and the register of driver's licenses;

1. Previous records of judgment: Criminal records, repeated statements, investigation reports (verification of the same type of crime records - Application of Acts and subordinate statutes; a summary order);

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 fact that the Defendant again committed the instant crime even though the reason for sentencing of Article 62-2 of the Criminal Act on the order to provide community service and attend lectures has been four times or more, it is more favorable for him to have committed the instant crime, but it is more favorable for him to repent and reflect his mistake.

Considering such circumstances and the degree of blood alcohol concentration at the time of the instant crime, the punishment as ordered shall be determined by taking into account the Defendant’s age, character and conduct, environment, motive, means and consequence of the instant crime, and the circumstances after the crime were committed.