A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Criminal facts

[criminal history] The Defendant received a summary order of a fine of KRW 4 million from the Daegu District Court Kimcheon on June 15, 2015 to a crime of violating the Road Traffic Act (dacting driving), and a fine of KRW 3 million from the same court on June 30, 2015 to the same crime.

[2] On June 23, 2018, at around 01:00, the Defendant driven a C300-C car under the influence of alcohol leveling 0.21% from approximately 100 meters to the point of blocking the entrance of a public parking lot within 21-gil 21, Dong coal-centered shopping district at around 01:00 to the point of blocking the entry of a public parking lot.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Notification of the results of regulating drinking driving;

1. A photograph of a CCTV image to be cut;

1. Previous convictions in judgment: Application of a reply to inquiries, such as criminal history, and criminal investigation reports (Attachment to summary orders, etc.);

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62(1) of the Criminal Act on the Suspension of Execution (see, e.g., Article 62(1) of the Criminal Act (see, e., Supreme Court Decision 2007Da1448, Apr. 1, 2017) (see, 2007Da11448, Apr. 2, 2007) (see, e.g., Supreme Court Decision 2008Da11448, Apr. 1, 2008))

1. Article 62-2 of the Criminal Act, Article 59 (1) of the Act on the Observation, etc. of Protection, etc. of Social Service Orders;