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.

Punishment of the crime

[criminal history] On April 16, 2009, the Defendant was issued a summary order of KRW 500,000 by the Cheongju District Court to a fine of KRW 500,000 for a crime of violating the Road Traffic Act, and a summary order of KRW 4 million by the same court on August 23, 2016 for the same crime.

[2] On July 18, 2018, the Defendant driven a D body-wide car while under the influence of alcohol content of about 0.149% in blood on the front of the “C” road located in Chungcheongnam-gun B, Chungcheongnam-gun, Chungcheongbuk-gun, around 02:36 on July 18, 2018

Accordingly, the defendant, who has been punished for drinking more than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. On-site photographs;

1. Notification of the results of regulating drinking driving;

1. Statement of the circumstances of the driver involved in driving;

1. Investigation report (report on the situation of the driver in charge); and

1. The above drone formula;

1. CCTV images;

1. Records of crime: A written reply to inquiries, such as criminal history, (A), investigation report (verification of criminal suspects' previous convictions of driving under the same kind of drinking), and application of summary orders and statutes;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act for Reduction of Small Quantity [Consideration of the period of recidivism, circumstances leading to the crime, degree of alcohol concentration in blood, etc.];

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Selection of imprisonment by taking into account the fact that a person drives a drinking again at two years after being sentenced to a fine due to the driving of drinking alcohol for the reason of sentencing under Article 62-2 of the Criminal Act, and the alcohol level in blood, etc. In addition, the punishment shall be determined by taking into account the criminal records, the background of the crime, the circumstances after the crime, and other conditions of sentencing.