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 December 12, 2008, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act at the Seoul Northern District Court on December 12, 2008, and was sentenced to a fine of three million won for a violation of the Road Traffic Act at the Seoul Eastern District Court on November 2, 2012.

【Criminal Facts】

On May 2, 2019, around 06:08, the Defendant driven a E-Sasi car in the state of alcohol alcohol concentration of about 0.189% from the “C” parking lot located in Gangseo-gu Seoul Metropolitan Government, to the D History road in Gangseo-gu Seoul Metropolitan Government, while under the influence of alcohol content of about 100 meters.

As a result, the Defendant again driven a motor vehicle while under the influence of alcohol by a person who has violated the prohibition of driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the result of the drinking driving control;

1. Previous records: Application of inquiry reports on criminal records, etc. and investigation reports (Attachment to the same type of judgment)-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. 15530, Mar. 27, 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. Probation and lecture attendance order shall be decided as per the Disposition on the grounds of Article 62-2 or more of the Criminal Act;