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 of the final judgment.

Punishment of the crime

On August 9, 2007, the Defendant issued a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act in the Gwangju District Court's net support on August 9, 2007, and a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act in the same court on June 5, 2008.

At around 17:10 on December 8, 2018, the Defendant, while under the influence of alcohol of 0.148% of blood alcohol concentration, driven a franchising car at approximately 4 km from the front of the Eansan store located in D in the same city on the road in front of the Eansan-si “C cafeteria” located in D.

Therefore, even though the defendant was punished not less than twice due to drinking driving, he again driven a motor vehicle while under the influence of alcohol in violation of this.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and notification of the result of crackdown on drinking driving;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (verification of criminal records of the same kind as a suspect), and application of Acts and subordinate statutes of Part II of the summary order;

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act of the choice of punishment, and the choice of imprisonment (in consideration of the fact that there are two times of punishment due to sound driving, and that the blood alcohol concentration level is high, etc.);

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act (see, e.g., Supreme Court Decision 2008Da1448, Apr. 2, 2008);

1. Article 62-2 of the Criminal Act concerning orders to provide community service and attend lectures;