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

On May 17, 2010, the Defendant was sentenced to a fine of KRW 4 million for the violation of the Road Traffic Act (driving) in the Gunsan Branch of the Jeonju District Court, and received a summary order of KRW 2.5 million for the same crime from the Hongsung Branch of the Daejeon District Court on October 27, 2011.

On April 5, 2019, at around 19:20, the Defendant driven a FMW car with approximately 600 meters alcohol concentration 0.142% under the influence of alcohol on the part of approximately 600 meters from the roads in front of the funeral hall of the Gu C Hospital to the front roads in D.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Consent to blood collection and written confirmation;

1. A written appraisal of blood alcohol;

1. Previous records of judgment: Application of Acts and subordinate statutes, such as criminal records, reply reports, and copies of written judgments;

1. Relevant Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime;

1. Selection of imprisonment;

1. Mitigation of discretionary mitigations under Articles 53 and 55(1)3 of the Criminal Act.

1. Article 62 (1) of the Criminal Act ( repeatedly taking into account the favorable circumstances that are considered as the reasons for sentencing as follows);

1. The sentencing of Article 62-2 of the Social Service Order Criminal Act was followed by a high drinking alcohol level corresponding to the state of drinking, even though the previous record of drinking alcohol driving and the records of human life accidents caused thereby, and thus, it is necessary to make a strict punishment in principle.

However, in consideration of the favorable circumstances such as the violation of the punishment, the fact that there is no accident due to the crime, the fact that there is no criminal record exceeding the punishment by imprisonment, the fact that there is no criminal record exceeding the punishment by imprisonment, and the fact that the social relationship is obvious, the punishment shall be