A defendant shall be punished by imprisonment for not more than ten 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 August 27, 2009, the Defendant issued a summary order of 700,000 won of a fine for a violation of the Road Traffic Act in the Jeonju District Court's Military Mountain Branch on August 27, 2009, a summary order of 2 million won of a fine for the same crime in the same court on March 22, 201, and a summary order of 5 million won of a fine for the same crime in the same court on August 13, 2012.

On August 22, 2018, the Defendant had been punished twice or more due to drinking driving, but around 23:15 on August 22, 2018, the Defendant driven the Esm-520 vehicle volume with approximately 200 meters alcohol level from the 200-meter section to the D cafeteria in C.

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: Criminal records, reply reports, and application of Acts and subordinate statutes to investigation reports (verification of the same kind of power);

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 lecture attendance order was that the Defendant, who had been subject to punishment three times or more due to drinking driving, was engaged in driving under the influence of drinking.

However, a punishment as ordered shall be determined by comprehensively taking into account the following circumstances, such as the fact that the defendant is expected not to repeat a crime while disposing of a vehicle, the fact that there is no record of a crime exceeding the fine, the age of the defendant, drinking water, the circumstances and result of the crime, and the circumstances after the crime.