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 June 10, 2008, the Defendant was issued a summary order of KRW 1.5 million at the Daegu District Court, which was sentenced to a fine of KRW 1.5 million as a crime of violation of the Road Traffic Act, at the same court on April 13, 2009, a fine of KRW 2.5 million as the same crime, and on April 11, 2014, by the same court on the same crime.

On February 25, 2019, the defendant filed a summary order with the Daegu District Court as a crime of violation of the Road Traffic Act, and is currently pending trial.

【Criminal Facts】

On February 19, 2019, at around 00:55, the Defendant driven a Fbane vehicle under the influence of alcohol content of about 0.141% from the 5km section from the front of the C cafeteria located in the Gyeongbuk-si B to the front of the E parking lot located in the same city D.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving again under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Making a report on the control of drinking driving;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to criminal records, investigation reports, and investigation reports;

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. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The fact that there has already been the history of being punished for drunk driving, the circumstances favorable to the high blood alcohol concentration of the instant case: confession and reflect, the fact that the vehicle is sold, etc., and the defendant does not repeat the crime. In addition, the punishment as ordered shall be determined by taking into account the various circumstances shown in the pleadings of the instant case, such as the defendant's age, character and conduct, environment, family relationship, motive and consequence of the crime, and circumstances after the crime, etc.