A defendant shall be punished by imprisonment for not more than ten 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

① On November 8, 2007, the Defendant received a summary order of KRW 3 million due to a violation of the Road Traffic Act (driving) in the Daegu District Court’s Ansan-dong branch on November 8, 2007; ② on August 28, 2008, the same court was sentenced to a fine of KRW 3 million due to a violation of the Road Traffic Act (driving). ③ On November 12, 2009, the same court was issued a summary order of KRW 3 million due to a violation of the Road Traffic Act (driving). ④ On March 14, 2013, the same court was sentenced to a fine of KRW 9 million due to a violation of the Road Traffic Act (driving).

Nevertheless, at around 01:30 on October 20, 2018, the Defendant driven C-5 cars while under the influence of alcohol of about 0.153% alcohol content at a section of about 2km from the Do in front of the 1203 Inwing-gun Public Health Center to the front of the same military road.

Summary of Evidence

1. Defendant's legal statement;

1. Reporting on the occurrence of a traffic accident, on-site map and photograph, survey report on actual condition, report on the circumstantial statement of a drinking driver, and inquiry into the results of crackdown on drinking driving;

1. Previous records: The application of inquiry reports and investigation reporting Acts and subordinate statutes, including criminal records;

1. Relevant Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting the crime. Article 148-2 (1) of the same Act.

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

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

1. The Defendant, prior to the reason for sentencing under Article 62-2 of the Criminal Act, was punished for drinking driving multiple times, and the Defendant again committed a crime during the period of probation, even though he/she was sentenced to a fine by the court, in order to avoid the revocation of the suspended sentence.

The nature of the crime is very serious in light of the circumstances leading to the driving of the case, driving distance, and the controlled drinking level.

However, in consideration of the fact that the defendant's mistake, reflects his depth, and does not inflict any harm on others, the last sentence will be exempted.