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 August 7, 2009, the Defendant received a summary order of KRW 2 million for a violation of the Road Traffic Act (driving) from the Changwon District Court’s branch on the grounds of a violation of the Road Traffic Act. On March 8, 2010, the Defendant received a summary order of KRW 3 million for a violation of the Road Traffic Act (driving) from the Changwon District Court’s branch on March 8, 201. On January 27, 201, the Defendant received a summary order of KRW 2.5 million for a violation of the Road Traffic Act (driving) from the Changwon District Court’s branch on the grounds of a violation of the Road Traffic Act.

【Criminal Facts】

On April 9, 2019, the Defendant, who had been under the influence of alcohol twice or more, driven a fco-sports car under the influence of alcohol with a blood alcohol concentration of about 0.072% in the section of about 15km from the street in front of the “C” located in G in Jin-gun, Jinnam-gun, G through Young-si, and from around 15km to E.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Previous conviction: Application of three copies of a summary order to the Acts and subordinate statutes;

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

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

1. The scope of applicable sentences under Acts: Imprisonment for not less than six months up to one year and six months;

2. Setting the sentencing criteria not;

3. Determination of sentence: Determination of sentence by sentence: Imprisonment with prison labor for eight months, suspended execution for two years (40 hours of social service, 40 hours of attending the law-abiding lecture), blood alcohol concentration, the previous records (3 times of fines), the developments and distance of driving of the defendant, and other various circumstances revealed in the trial process of this case, such as the age, character and conduct, environment and family relationship of the defendant, shall be determined as shown in the disposition;