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 February 13, 2009, the Defendant was sentenced to a suspended sentence of 8 months for a violation of the Road Traffic Act by the Daejeon District Court on August 13, 2009. On November 24, 2016, the Defendant was punished by a summary order of 1 million won or more by a fine of 1 million won at the Seoul Central District Court on November 24, 201.

Nevertheless, at around 14:55 on January 30, 2019, the Defendant driven a car under the influence of alcohol level 0.151% of alcohol level 0.151% from the day before the Seosan City B apartment road to the day before the D elementary school located in the same city C.

Summary of Evidence

1. Partial statement of the defendant;

1. Control note;

1. Notification of the drinking control result;

1. A report on the actual state of the driver;

1. Investigation report (report on the circumstances of an immigration driver);

1. Written request for appraisal, and a written appraisal of blood alcohol;

1. Notification of the results of the drinking driving control (blood collection result);

1. Previous convictions: Criminal history records, investigation reports (verification of the same kind of power), judgments, and two copies of summary order [the defendant and his/her defense counsel are measured by 0.054% of blood alcohol level by the respiratory measurement method and the blood alcohol level by the blood sampling method is so excessive that the numerical value is so excessive that it can be at least 0.151% of the numerical value. Thus, in the case of the pulmonary measurement by the pulmonary measuring instrument, the situation that there is a problem of accuracy and reliability of the measurement results by using the pulmonary measuring instrument, measuring method, cooperation degree of the other party, etc., barring special circumstances where it is difficult to believe that the result of the examination conducted through blood sampling, such as artificial manipulation or interference in the process of blood collection or examination, it conforms to the rule of experience to deem that the blood alcohol level by blood testing is more adjacent to the blood alcohol level at the time of measurement by the pulmonary measuring instrument (see Supreme Court Decision 2004Do6539, Feb. 13, 2004).