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 6, 2016, the Defendant was issued a summary order of KRW 4 million for a crime of violating the Road Traffic Act (driving) at the port branch of the Daegu District Court on September 6, 2016, and on October 25, 2016, the Defendant was issued a summary order of KRW 5 million for the same crime from the same support to the same crime, and the record of drinking driving is five times.

【Criminal Facts】

On February 26, 2019, at around 09:35, the Defendant driven a e-mail-man car with approximately 2km alcohol concentration of about 0.180% in the section of approximately 2km from the front day of the racing-si to the front day of the D store located in the Jeju-si.

Accordingly, the defendant, who violated the Road Traffic Act's prohibition regulations on drinking driving more than twice, was driving a vehicle under the influence of alcohol in violation of the above prohibition regulations on drinking driving.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. An inquiry report, such as a criminal history;

1. Investigation report (verification of the records of sound driving) - Application of each one of the summary order Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 1 and 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018);

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

1. The grounds for sentencing under Article 62(1) of the Criminal Act, including the blood alcohol concentration in the instant case, criminal records, criminal records, family relations, confessions and reflects, and suffering of alcohol survival as business failure, and other factors of sentencing as ordered by considering the Defendant’s age, character and behavior, environment, and circumstances before and after the instant crime, etc.