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 November 9, 2006, the Defendant received a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act (driving) from the Southern District Court of the Jeonju on November 9, 2006, and a summary order of KRW 1,50,000 as a fine in the same court on May 10, 201, respectively.

【Criminal Facts】

On May 29, 2019, at around 18:45, the Defendant driven a Fpoter freight at a level of about 2 km alcohol concentration of about 0.149% from the front of the C cafeteria located in the Southern-si B to the front of the E cafeteria located in the Southern-si, Seoul-si.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of the reporter;

1. A copy of the report on the results of crackdown on drinking driving, the report on the circumstances of drinking drivers, and the report processing case; and

1. Previous records of judgment: Application of criminal records, repeated statements, investigation reports (verification reports of the same kind of force) and Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 1 and 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018);

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (hereinafter referred to as “the grounds for discretionary mitigation”)

1. Article 62(1) of the Criminal Act (hereinafter “the grounds for the suspended sentence”)

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

1. The scope of applicable sentences under law: Imprisonment with prison labor for up to six months from one year and six months;

2. Non-application of the sentencing criteria: A crime for which the sentencing criteria are not set;

3. Determination of sentence: Determination of sentence: Imprisonment with prison labor for 8 months, probation for 2 years following the suspension of execution, taking into account the following circumstances, and taking into account the defendant's age, character and conduct, environment, motive, means and consequence of the crime, various factors of sentencing as shown in the arguments in this case, such as the circumstances after the crime, etc.

[Unfavorable Circumstances] The drinking driving of a motor vehicle needs to be punished for a crime that may cause serious damage to another person's life, body, or property, which corresponds to the punishment for such crime.

The defendant is a same crime.