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 of the final judgment.

Punishment of the crime

[criminal power] On July 9, 2015, the Defendant received a summary order of KRW 1,50,000,000 as a fine for a violation of the Road Traffic Act (driving) from the Gunsan Branch of the Jeonju District Court on July 9, 2015, and a summary order of KRW 2,00,000 in the same court on March 9, 2016.

【Criminal Facts】

On February 4, 2018, at around 22:30, the Defendant driven a F Track vehicle under the influence of alcohol content of approximately 2 km from a section of approximately 0.129% of blood alcohol content from the top of the Ejuju station located in Yasan-si B to the top of the Eju station located in Yasan-si, 22:50 on the same day.

As a result, the defendant, who committed a crime of violation of the Road Traffic Act at least twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and notification of the result of crackdown on drinking driving;

1. Previous convictions indicated in judgment: Criminal records, inquiry reports, investigation reports (related provisions of Acts and subordinate statutes to A), and application of two copies of the decision of summary order;

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act of the choice of punishment, and the choice of imprisonment (in consideration of the fact that there are two times of punishment due to sound driving, and that the blood alcohol concentration level is high, etc.);

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (the fact that the accused recognizes and reflects the crime, the fact that the accused is punished twice by a fine due to drinking driving, etc., the age, character, conduct, occupation, etc. of the accused);

1. Article 62-2 of the Criminal Act concerning orders to provide community service and attend lectures;