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

On May 18, 2010, the Defendant received a summary order of KRW 3 million as a crime of violation of the Road Traffic Act from the Cheongju District Court, and issued a summary order of KRW 1 million as a fine in the same court on August 13, 2008.

At around 03:20 on October 7, 2018, the Defendant driven a DNA-type car under the influence of alcohol content of about 200 meters from the Do in front of the restaurant in the name of the Doudong-dong, Seodong-gu, Chungcheongnam-gu to the roads in front of the Crain bank located in the same Gu B, to the roads in the same Gu.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Statement on the circumstantial statement of the employee;

1. Application of Acts and subordinate statutes to criminal records, etc., inquiry reports and investigation reports (report on attachment of the same type of power);

1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, 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. In full view of all the favorable circumstances, such as the Defendant’s age, character and behavior, motive for the crime, circumstances after the crime, the contents of the records of the same crime as indicated in the judgment, the degree of blood alcohol concentration, and the circumstances under which the driving of alcohol was controlled, etc., and all other circumstances that are the sentencing conditions specified in the records and arguments of this case, including the following: (a) recognizing the crime of sentencing under Article 62-2 of the Social Service Order Act as well as the fact that there is no record of punishment heavier than the fine; (b) having no record of repeating drinking driving in a short period; and (c) personal damage has not occurred; and (d) the Defendant has been punished twice due to drinking driving; and (b) he has again failed to be punished twice again