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

The Defendant, at the Jeonju District Court on February 5, 2009, has been sentenced to a fine of KRW 3 million due to a violation of the Road Traffic Act (driving) and a fine of KRW 7 million by the same court on June 10, 2016.

On January 27, 2019, at around 23:55, the Defendant driven a Fran vehicle under the influence of alcohol with approximately 1.4km alcohol concentration of about 0.146% from the front road in Yansan-gu, Mansan-si B to the front road of Eve points in the same Gu D.

As a result, the Defendant again driven a motor vehicle while under the influence of alcohol, who violated the prohibition on drinking at least twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the control of drinking driving, and report on the state of drinking drivers;

1. Previous records before ruling: Application of criminal records, inquiry reports, and criminal investigation reports (Attachment to judgment)-related Acts and subordinate statutes;

1. Articles 148-2(1)1 and 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 reason for sentencing under Article 62-2 of the Criminal Act on probation, community service, and lecture attendance order was that the defendant was punished for a drunk driving from 2002 to June 2016 (including a fine on the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (including a death or injury caused by dangerous driving) on one occasion.

Considering the fact that drinking water is high, it is necessary to strictly punish the defendant.

However, the circumstances favorable to the defendant's failure to repeat the crime, the defendant has no record of criminal punishment exceeding a fine due to the same crime or a foreign crime, and the defendant bears the obligation to pay the child support for three children, and the age, character and behavior, environment, and crime are committed.