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 14, 2014, the Defendant was sentenced to a summary order of KRW 2 million due to a violation of the Road Traffic Act, etc. at the Cheongju District Court Support on May 14, 2014, and on October 23, 2014, the Defendant was sentenced to imprisonment for six months due to a violation of the Road Traffic Act (driving) at the Cheongju District Court Support.

On February 23, 2019, around 17:33, the Defendant driven a Dpoter II car in the state of alcohol with approximately 2 km alcohol concentration of about 0.147% from the section near the PC bank, where it is impossible to identify the detailed address in the downstream-dong, Seocheon-si to the “C” road located in Seocheon-si B.

Therefore, even though the Defendant violated the prohibition on drinking under the Road Traffic Act more than twice, he again driven a motor vehicle under the influence of alcohol in violation of the relevant provision.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements and investigation report of the employee (the circumstantial report of the employee)

1. Inquiry into the result of the crackdown on drinking driving;

1. Criminal records: Criminal records, inquiry reports, investigation reports (verification twice the same kind of force), summary orders, and application of statutes;

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The sentencing conditions indicated in the records, such as the defendant's age, occupation, character and conduct, family relationship, and circumstances before and after the crime, shall be determined as ordered by considering the reasons for sentencing under Article 62-2 of the Criminal Act.

Unfavorable circumstances: around 2014, the defendant has a record of being punished by a fine and imprisonment once for a violation of the Road Traffic Act.

Blood alcohol concentration is high.

The favorable circumstances: The mistake is recognized and reflected.