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 7, 2010, the Defendant was issued a summary order of KRW 2 million for the violation of the Road Traffic Act (driving) in the Gwangju District Court’s net support on June 7, 2010, and a summary order of KRW 1.5 million for the violation of the Road Traffic Act (driving) in the Gwangju District Court’s net support on August 29, 2014.

【Criminal Facts】

On February 3, 2019, at around 23:57, the Defendant driven a B car under the influence of alcohol content of about 0.104% from a public parking lot located in the relevant school Dong in the relevant Dong, to the roads adjacent to the said 30m water fire fighting station.

Accordingly, the defendant, who violated the prohibition of drinking driving twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, and the circumstantial statement of a drinking driver;

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

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 sentencing of Article 62-2 of the Criminal Act requires various sentencing conditions as stated in the records and arguments of this case, including the criminal records of the defendant, the time interval with the previous drinking driving force, the degree of blood alcohol concentration of the defendant at the time of driving of this case, whether the accident occurred, the driving distance of the defendant, the reflectivity of the defendant, family relationship, etc., and determining the same sentence as the order.