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 15, 2007, the defendant was issued a summary order of KRW 1 million for a violation of the Road Traffic Act at the Busan District Court on November 15, 2007, and a summary order of KRW 2 million for the same crime at the Changwon District Court on December 15, 2008.

【Criminal Facts】

On May 20, 2019, around 23:05, the Defendant driven a Do SM5 car while under the influence of alcohol leveling 0.084% from the 1km section to the front road of the apartment house C from the Hocheon-si B Studio road.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, and report on the circumstantial statement of a drinking driver;

1. Previous records of judgment: Criminal records, inquiry reports, and the application of related Acts and subordinate statutes;

1. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for a crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The grounds for sentencing under Article 62-2 of the Criminal Act include the blood alcohol concentration, the distance from driving, the circumstances leading to driving, the defendant's status at the time of driving, the previous records of punishment of the defendant, and the various conditions of sentencing as shown in the argument of this case, and the punishment as ordered shall be determined by comprehensively taking account of the following: