The punishment of the accused shall be eight months by imprisonment.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On August 5, 2009, the Defendant was sentenced to a fine of KRW 5 million due to a violation of the Road Traffic Act (driving) in Daegu District Court racing support on August 5, 2009, a fine of KRW 5 million due to the same crime in the same court on August 6, 2013, and a fine of KRW 5 million due to the same crime in the same court on April 3, 2014, respectively.

On February 14, 2019, at around 00:25, the Defendant driven a vehicle under the influence of alcohol of about 0.128% in a section of approximately 100 meters before the police box located in the north-gu north-dong at the port from the Do in front of the boomer distance in the north-gu at the port of port to the roads before the port of port.

As a result, the defendant had been punished for drunk driving more than twice but has driven a motor vehicle under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

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

1. Previous records: Criminal records, investigation reports (verification of the same records of a suspect), and application of respective statutes of the judgment;

1. Relevant Article of the Act on the Crime and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act that selects the punishment for a crime [the selection of imprisonment and the blood alcohol concentration level, etc. shall be taken into account];

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Da1548, Apr. 1, 201; Supreme Court Decision 201Da1448, Apr. 2, 201)

1. Article 62 (1) of the Criminal Act on the suspended execution (the grounds for discretionary mitigation shall be repeatedly considered);

1. Probation and community service order under Article 62-2 of the Criminal Act;