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 September 17, 2010, the Defendant issued a summary order of KRW 1.5 million for the crime of violating the Road Traffic Act at the Suwon District Court on September 17, 201, and on November 3, 2014, the same court issued a summary order of KRW 4 million for the same crime and was punished for drinking driving twice.

【Criminal Facts】

On June 8, 2019, at around 22:40, the Defendant driven a FM car in the state of alcohol alcohol concentration of about 0.121% at a section of about 300 meters from the front of the C Hospital located in Guang City B to the front of the Eriju Station located in D.

Summary of Evidence

1. Defendant's legal statement;

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

1. Notification of the control of drinking driving;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to criminal investigation reports (attached to a summary order of a suspect's drinking power);

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following favorable circumstances):

1. Article 62 (1) of the Criminal Act ( regard for repeated consideration of the following favorable circumstances):

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The Defendant repeatedly driven a drunk driving even though the record of the fine imposed due to drinking driving was twice or more.

The defendant's drinking water is not low.

The defendant is taking advantage of the favorable circumstances: The defendant has cancelled his/her vehicle and has failed to repeat the crime.

There shall be no penalty power exceeding a fine.

The punishment shall be determined in consideration of the following circumstances, such as the age, character and conduct, family relationship, environment, motive and background of the crime, means and consequence of the crime, and circumstances after the crime.