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

2.Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive;

Punishment of the crime

On October 25, 2012, the Defendant was sentenced to a fine of KRW 3.5 million for a crime of violating the Road Traffic Act (drinking driving), and on July 20, 2016, the same court issued a summary order of KRW 2.5 million for the same crime.

Although the Defendant had been able to drive alcohol more than twice as above, the Defendant driven CM6 car under the influence of alcohol with approximately 0.079% alcohol concentration in the two kilometers from August 3, 2018 through the front of the government pharmacy in the Dong-Eup located in the same Si/Gu-Eup from August 22:14, 2018 through the front of the government pharmacy in the Dong-Eup located in the same Si-Eup.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Inquiries about the results of crackdown on drinking driving;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to judgment attached to the same type of crime record);

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reasons for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Observation, etc. of Community Service and Order to Attend Education, and Article 62-2 of the Act on the Observation, etc. of Protection, etc., are as follows: (a) the Defendant committed the instant crime again in the past, even though he had been punished for drinking twice

However, it is recognized that all of the crimes of this case are recognized by the defendant and there are favorable circumstances such as the fact that the defendant has no record of punishment exceeding a fine, and the defendant's age, health status, family relationship, sex behavior, circumstances after the crime, and various circumstances revealed in the records and arguments shall be determined as ordered by taking into account the following circumstances.