A defendant shall be punished by imprisonment for not more than ten 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 March 21, 2016, the Defendant was sentenced to a fine of one million won for the crime of violating the Road Traffic Act at the Jeonju District Court on March 21, 2016, and a fine of four million won for the same crime at the same court on April 4, 2017.

Criminal facts

On August 16, 2018, at around 22:08, the Defendant driven a fa-purd motor vehicle under the influence of alcohol with approximately 100 meters alcohol concentration of 0.080% from the front road of the “C” located in Yansan-gu, Seoul Metropolitan City, to the front road of the E convenience store located in the same Gu D.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act more than twice and drives a motor vehicle under the influence of alcohol in violation of the same provision.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the result of crackdown on drinking driving;

1. The circumstantial statement of the employee;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

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

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing of Article 62-2 of the Criminal Act on probation, community service, and lecture attendance order was that the defendant had been subject to punishment two times or more due to drinking driving in the last time.

However, in comprehensive consideration of the facts against the defendant, the fact that there is no record of a crime exceeding a fine, the age of the defendant, drinking alcohol, the circumstances and results of the crime, and other various circumstances shown in the pleadings of this case, such as the circumstances after the crime, the punishment shall be determined as ordered.