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 1, 2015 and March 26, 2018, the Defendant received a summary order of KRW 1.5 million and a fine of KRW 4 million respectively for a violation of the Road Traffic Act from a general military court for the Army Education Specialists.

【Criminal Facts】

The defendant is a person driving QM6 car volume.

At around 21:40 on April 10, 2019, the Defendant driven the said vehicle under the influence of alcohol content of about 1 kilometer from the front of the D in Gwangju Mine to the front of the Fow in the same Gu E, while under the influence of alcohol content of 0.140 percent.

Accordingly, the Defendant again driven a motor vehicle under the influence of alcohol in violation of Article 44(1) of the Road Traffic Act as a person who violated Article 44(1) of the Road Traffic Act more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement statement and investigation report of the employer (the circumstantial report of the employer-employed driver);

1. Criminal records: To refer to inquiries, and to the application of each summary order statutes;

1. Relevant legal provisions and Articles 148-2(1)1 and 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for a crime

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 2006Da1448, Apr. 2, 20

1. Article 62(1) of the Criminal Act of the suspended sentence (hereinafter “the grounds for the suspended sentence”), whichever is favorable, has been repeatedly considered;

1. The reason for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc. is that the defendant was punished twice or more in the status of a soldier, and the defendant was punished as a drinking driver, and the defendant caused a traffic accident while driving a drinking-free driver at the time of his/her discharge.

However, the execution of a sentence shall be suspended in favor of the defendant, taking into consideration the fact that there is no other criminal record except for the criminal record stated in the judgment of the defendant, and that the defendant does not drive again under the influence of alcohol, and that the defendant does not drive again.

(2).