1. The defendant shall be punished by imprisonment with prison labor for ten months;

2. Provided, That 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 9, 2010, the Defendant was issued a summary order of KRW 4 million by the Jung-gu District Court for the crime of violation of the Road Traffic Act, and a fine of KRW 3 million by the same court on March 30, 2007, respectively.

On November 3, 2018, at around 09:49, the Defendant driven a d bargaining car in the state of alcohol alcohol concentration of about 0.093% from the section of approximately 2 km from the Southern-si, the B apartment street to the front road of the same city.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of running a motor vehicle under the influence of alcohol;

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

1. Making a report on the control of drinking driving;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (verification of the same kind of power, etc.) and Acts and subordinate statutes;

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 reason for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc., of the Act on the Punishment, etc. of Social Service and Order for Education, the Defendant had a lot of red colors at the time of the instant crime, and had increased the risk of traffic accidents by driving a motor vehicle under the influence of 0.093% of blood alcohol concentration with more rhythm, etc.

In addition, on March 30, 2007, the Defendant again committed the instant crime even though the court had been punished by a fine of KRW 3 million due to a violation of the Road Traffic Act (driving on September 9, 2010) and a fine of KRW 4 million due to a violation of the Road Traffic Act (driving on September 9, 2010), and on September 28, 2012 at the Seoul Eastern District Court, the Defendant again committed the instant crime even though he had the record of being punished by a fine of KRW 5 million due to a violation of the Road Traffic Act (driving on Drinking).

Since the criminal history of the defendant's drunk driving has reached three times, it is necessary to punish the defendant with heavy punishment to prevent the recidivism.

However, the defendant recognizes all of the crimes of this case.