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 November 13, 2006, the Defendant was sentenced to a fine of KRW 700,000 as a crime of violation of the Road Traffic Act at the Gwangju District Court on November 13, 2006, and a fine of KRW 1,50,000 as a crime of violation of the Road Traffic Act at the same court on May 21, 2012.

【Criminal Facts】

Although the Defendant had been punished twice as a crime of violation of the Road Traffic Act, at around 22:05, on April 3, 2019, the Defendant driven a motor vehicle under the influence of alcohol leveling 0.090% from the roads in front of the Nam-gu Gwangju metropolitan City to the roads in front of the D market, approximately 100 meters from the roads in front of the D market.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiries about the result of crackdown on drinking driving;

1. Previous convictions in judgment: Application of inquiry statements, investigation reports, and statutes, such as 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. An order to attend a course shall be punished by imprisonment in a lump sum, taking into account the criminal records recorded in the judgment of sentencing under Article 62-2 of the Criminal Act and the criminal records of drinking driving;

In addition, the punishment as ordered shall be determined in consideration of the degree of blood alcohol, the reason why the drinking driving is conducted, the distance and place of the drinking driving, the distance between the records of the drinking driving, the distance and place of the accused's age, character and conduct, environment, circumstances after the crime, etc.