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 20, 201, the Defendant issued a summary order of KRW 2.5 million to a fine for a violation of the Road Traffic Act at the Jeonju District Court on September 20, 201, and on July 14, 2015, the Defendant was sentenced to a fine of KRW 3.5 million by the same court as the same crime.

【Criminal Facts】

On September 5, 2018, around 23:15, the Defendant driven a DNA car under the influence of alcohol concentration of about 0.184% at a section of approximately 200 meters from the Do before the Do in front of the Do in the same Gu to the “C” cafeteria located in the same Gu B.

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 result of crackdown on drinking driving;

1. The circumstantial statement of the employee;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (Attachment of the same kind of power) and Acts and subordinate statutes;

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. The reason for sentencing of Article 62-2 of the Criminal Act on probation, community service and order to attend a lecture, even though the defendant had a record of two times or more due to drinking driving, was engaged in driving under the influence of drinking.

However, in comprehensive consideration of the facts against the defendant, the fact that there is no record of a crime exceeding a fine, the age of the defendant, drinking alcohol, the circumstances and results of the crime, and other various circumstances shown in the pleadings of this case, such as the circumstances after the crime, the punishment shall be determined as ordered.