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

To the extent that the defendant's defense right is not disadvantaged, part of the facts charged was revised.

[criminal power] On May 16, 2008, the Defendant issued a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act (driving) at the Sungnam Branch of Suwon District Court on May 16, 2008, and on January 6, 2016, the same court issued a summary order of KRW 1.5 million as a fine for a violation of the Road Traffic Act (driving).

【Criminal Facts】

On March 25, 2019, at around 23:15, the Defendant driven a car owned by the Defendant in the state of alcohol alcohol concentration of approximately 0.182% at a section of approximately 500 meters in front of the 110-2 Minenam Volunteer Fire Brigade, Gwangju-si, Gwangju-si.

Accordingly, the defendant, who violated the prohibition of drinking under the Road Traffic Act twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of control, report on the results of the control of drinking driving, report on the circumstances of drinking drivers, report on the circumstances of drinking driving and report on the blood alcohol appraisal;

1. Registers of driver's licenses, chassiss, and mandatory insurance;

1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (Consideration of favorable circumstances, etc. among the following reasons for sentencing):

1. Article 62 (1) of the Criminal Act (Consideration of favorable circumstances, etc. among the reasons for sentencing following the suspended sentence);

1. The normal drinking operation disadvantageous to the reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is not only a crime that may pose a danger to traffic order by itself, but also cause serious personal and material damage, such as the occurrence of traffic accidents.

As the statutory penalty for the violation of the Road Traffic Act (driving) is recently raised and revised, there is a consensus on the necessity of strengthening the punishment for driving under the influence of alcohol.

The defendant.