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 September 4, 2008, the Defendant received a summary order of KRW 1,50,000 for a fine of KRW 1,50,000 for a violation of the Road Traffic Act (driving) from an Ansan Branch of the Suwon District Court on December 22, 2009, and received a summary order of KRW 3 million for a violation of the Road Traffic Act (driving) from an Ansan Branch of the Suwon District Court on January 30, 201, and received a summary order of KRW 5 million for a violation of the Road Traffic Act (driving) from an Ansan Branch of the Suwon District Court on January 30, 2013.

【Criminal Facts】

The defendant is a person who violates Article 44 (1) of the Road Traffic Act not less than twice, such as the above criminal records.

On March 7, 2019, at around 00:41, the Defendant driven a DNA cargo vehicle with approximately 800 meters alcohol concentration of 0.131% while under the influence of alcohol in the section of about 800 meters from the Dong-gu, Ansan-si to the adjacent road of the same Gu C.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the state of drinking drivers, records of drinking measurements, and inquiry into the results of the control of drinking driving;

1. Reports on traffic accidents, and reports on the occurrence of traffic accidents;

1. Photographs of the accident site;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (verification of 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. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The defendant's age, character and behavior, environment, and the defendant's age, character and environment. Since drinking driving includes not only his/her own life but also the risk of threatening the safety of other people, there is a social necessity to strictly punish it; the blood alcohol concentration is relatively high; the six-time driving experience and three-time driving experience but also causes traffic accidents.