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 June 7, 2010, the Defendant was issued a summary order of KRW 1.5 million by the Jeonju District Court for a crime of violation of the Road Traffic Act, and a summary order of KRW 1 million by the same court on July 24, 2018, respectively.

On January 11, 2019, at around 20:35, the Defendant driven Dribe, while under the influence of alcohol leveling 0.087% from approximately 150 meters to the front day of the house of the land owner located in B of the Jeonju-gun, Jeonju-gun, the Defendant driven Dribe, under the influence of alcohol leveling from approximately 150 meters to the front day of the C apartment.

As a result, the defendant was not allowed to drive a motor vehicle under the influence of alcohol, but has violated it more than twice, and once again driven a motor vehicle under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the control of drinking driving, and the report on the situation of a drinking driver;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (Attachment to a summary order, etc. of the same kind of power), and application of two copies of the summary order under two Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, 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 order to attend lectures was punished twice by a fine for drunk driving.

In particular, considering the fact that the second punishment was repeated within a short period from the time of the second punishment, it is necessary to strictly punish the accused.

However, considering favorable circumstances, such as the fact that the defendant does not repeat a crime, the occurrence of an accident, and the fact that the defendant has no record of criminal punishment in addition to the punishment imposed twice due to drunk driving, etc., the defendant's age, character and conduct, environment, motive and circumstances of the crime, and circumstances after the crime, etc., the punishment as ordered shall be determined by comprehensively taking into account all the sentencing conditions, including the defendant's age