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

[criminal power] On March 25, 2010, the Defendant was issued a summary order of KRW 3 million as a fine of KRW 1 million for a violation of the Road Traffic Act in the Gunsan Branch of the Jeonju District Court as well as a fine of KRW 3 million for a violation of the Road Traffic Act in the Jeonju District Court’s military mountain support on October 28, 2016.

【Criminal Facts】

On November 14, 2018, at around 21:23, 2018, the Defendant driven Cho-do car under the influence of alcohol with approximately 0.085% alcohol concentration from around 1 kilometer to the front of the same Gu’s B apartment route from the trade unclaimed restaurant road in the So-jin-gu, Seoul Special Metropolitan City to the front of the same Gu.

Accordingly, the defendant, who violated the prohibition of drinking driving more than twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement, investigation report, and notification of the results of the control of drinking driving;

1. Before judgment: Criminal history records, inquiry reports, investigation reports (a copy of the same type of summary order attached), - Application of a copy of Acts and subordinate statutes of the same summary order;

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. Although the reason for sentencing under Article 62-2 of the Criminal Act of the community service order and the order to attend a lecture had been two times or more, the fact that the defendant again committed the instant crime is disadvantageous, but it is more favorable that the defendant repents his mistake and reflects it.

Considering such circumstances and the degree of blood alcohol concentration at the time of the instant crime, the punishment as ordered shall be determined by taking into account the Defendant’s age, character and conduct, environment, motive, means and consequence of the instant crime, and the circumstances after the crime were committed.