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 22, 2014, the Defendant was issued a summary order of KRW 1 million for the crime of violating the Road Traffic Act, and a summary order of KRW 3 million for the same crime in the same court on April 2, 2015.

On February 16, 2019, at around 22:05, the Defendant driven a DNA car in the state of alcohol with approximately 13 km alcohol concentration of 0.067% from the 13km section to the “C” road located in the same Si/Do from the front of a restaurant in Sacheon-si, Sacheon-si to the roads in the same city.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act more than twice and drives a motor vehicle under the influence of alcohol in violation of the same provision.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, report on the circumstances of drinking drivers, investigation report (report on the circumstances of drinking drivers), and report on the circumstances of drinking driving;

1. Previous records before ruling: Application of criminal history records, investigation reports (applicable to the suspect's previous records and attachment);

1. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 15530, Mar. 27, 2018); the choice of imprisonment for a crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Comprehensive consideration of the degree of alcohol concentration, driving distance, Defendant’s criminal records, and the fact that an order to attend a lecture is recognized and reflected in the crime for sentencing under Article 62-2 of the Criminal Act; and