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 Justice] On September 25, 2006, the Defendant received a summary order of KRW 1 million in the Chungcheong District Court’s Chungcheong Branch. On March 17, 2008, the Defendant received a summary order of KRW 1,500,000 for a fine of KRW 1,50,000 for a violation of the Road Traffic Act (driving) from the Daegu District Court’s Kimcheon Branch on March 17, 2008, and received a summary order of KRW 2,50,00 for the same crime from the same support on November 18, 2010.

【Criminal Facts】

At around 00:10 on June 10, 2019, the Defendant driven the ECA1105 Meba while under the influence of alcohol of about 0.178% in the section of approximately 100 meters from the front of C in Gumi-si B to D.

Accordingly, the defendant, who violated the prohibition of drinking driving more than twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A traffic accident report;

1. Report on the circumstantial statements and investigation report of a drinking driver, and inquiry into the results of the crackdown on drinking driving;

1. Actual condition survey report and on-site photographs of traffic accidents;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (a report on confirmation of the same criminal records) and other Acts and subordinate statutes;

1. Article 148-2 (1) 1 and Article 44(1) of the former Road Traffic Act (wholly 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. In full view of the defendant's criminal records of sentencing under Article 62-2 of the Criminal Act, blood alcohol concentration in the instant case, and the age, character and conduct, environment, motive, means and consequence of the crime, the conditions of all the sentencing shown in the pleadings of the instant case, such as the circumstances after the crime, etc., the sentence identical to the order shall be determined.