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 January 13, 2015, the Defendant was issued a summary order of KRW 1 million with a fine of KRW 1 million for a violation of the Road Traffic Act at the Jeonju District Court's Gunsan Branch on January 13, 2015, and a fine of KRW 1.5 million with a fine of KRW 1.5 million for a violation of the Road Traffic Act at the Jeonju District Court on December 14, 2015.

On October 19, 2018, the Defendant, while under the influence of alcohol 02:30% of blood alcohol level, driven a D Eccoo vehicle at a section of approximately 400 meters from the roads front of Ccoote located in B at the Gunsan Civil Community Center located in the Gunsan-si Movement, on the mutual and aesthetic roads of the neighboring area of the Gunsan Civil Community Center, which is located in the Gunsan-si Movement.

Therefore, even though the defendant was punished not less than twice due to drinking driving, he again driven a motor vehicle while under the influence of alcohol in violation of this.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the circumstances of a drinking driver, report on the results of the control of drinking driving, investigation report (report on the circumstances of a drinking driver), and written request for appraisal;

1. Before judgment: Criminal history records, inquiry reports, investigation reports (verification, etc. of criminal records of the same kind as a suspect), application of statutes, such as a summary order of the Jeonju District Court 2015 high-pressure medicine 17 high-pressure medicine;

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 Code of the Order to Provide community service and attend lectures has been twice the punishment of a fine due to drinking driving, the fact that the defendant again committed the crime of this case is disadvantageous circumstances, but it is more favorable that the defendant repents his mistake and reflects his mistake.

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.