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 September 10, 2010, the Defendant received a summary order of a fine of two million won due to a violation of the Road Traffic Act (driving) from the Daegu District Court Kimcheon-do branch on September 10, 201, and a fine of four million won due to a violation of the Road Traffic Act (driving) from the same support on September 8, 201, respectively.

【Criminal Facts】

Although the Defendant violated the provision on the prohibition of drunk driving more than twice as above, around February 19, 2019, the Defendant driven an E 5 vehicle while under the influence of alcohol of about 3 km from the front of the B apartment in the Gu-Si, Gu-Si, Seoul to the front road in the Gu-Si, Gu-Si, Seoul at approximately 0.131% of alcohol content.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. Report on the occurrence of a traffic accident;

1. Report on the results of the crackdown on drinking driving, and the circumstantial statement of a drinking driver;

1. The actual condition survey report and photographs;

1. Previouss before judgment: Application of Acts and subordinate statutes to criminal records, references to criminal records, amounts of dispositions and results of confirmation;

1. Articles 148-2 (1) 1 and 44 (1) of the former Road Traffic Act (wholly 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. In full view of the defendant's criminal records of sentencing under Article 62-2 of the Criminal Act, alcohol concentration in the blood of this case, and the age, character and conduct, environment, motive, means and consequence of the crime of this case and the circumstances after the crime, the sentence like the order shall be determined.