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] On December 4, 2008, the Defendant violated Article 44(1) of the Road Traffic Act by receiving a summary order of KRW 2 million for a crime of violating the Road Traffic Act from the Daegu District Court's Ansan Branch on December 4, 2008, and on March 14, 2018, the same court issued a summary order of KRW 4 million for a crime of violating the Road Traffic Act at least twice.

【Criminal Facts】

On October 7, 2018, at around 20:05, the Defendant driven a F e-sports cargo vehicle while under the influence of alcohol leveling 0.110% without a driver’s license at approximately 960 meters from the front side of the “CYA” in Ansan-si B to the front side of the “EAP” in Ansan-si.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the occurrence of a traffic accident, report on the actual condition, report on the control results of drinking driving, and report on the circumstantial statement of a drinking driver;

1. Investigation reports (Attachment to the register, etc. of driver's licenses), investigation reports (Inquiry into the results of the control of sound driving), and investigation reports (Attachment to data on disqualified cases in the main office);

1. Previous records: Application of criminal records, reply reports, investigation reports, and other Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

1. Selection of imprisonment with prison labor chosen;

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

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

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the Defendant has been punished three times due to the same kind of drinking driving, and in particular, even though he had a previous record of drinking driving around March 2018, he/she has a high possibility of undermining the instant crime.

The defendant's drinking driving of this case caused a serious traffic accident.

However, the defendant made his mistake.