1. The defendant shall be punished by imprisonment for eight months;

2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;

3.

Punishment of the crime

On July 16, 2015, the Defendant received a summary order of KRW 4 million as a fine for a violation of the Road Traffic Act, and a fine of KRW 2 million as a fine in the same court on December 9, 2016, respectively.

On October 21, 2018, at around 21:50, the Defendant driven a C car while under the influence of alcohol of about 500 meters with blood alcohol concentration of 0.148% from the section of approximately 500 meters from the insular road in the Namyang-si, Namyang-si to the front road in the same city.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of running a motor vehicle under the influence of alcohol;

1. A report on the actual state of the driver;

1. Making a report on the control of drinking driving;

1. A written appraisal of blood alcohol;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (verification of the same kind of power, etc.) and Acts and subordinate statutes;

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. The reason for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Probation Act, on the grounds that the Defendant driven a motor vehicle under a relatively high level of alcohol content of 0.148%, thereby significantly increasing the risk of traffic accidents, the illegality of the crime is serious.

In addition, the defendant, including the previous record of his judgment, has been punished twice due to drinking driving, but again committed the crime of this case, so it is necessary to punish him with heavy punishment.

However, in light of the favorable circumstances, such as the fact that the defendant recognized all of the crimes in this case and reflects the fact that there is no record of punishment exceeding the fine, the defendant's age, character and conduct, environment, motive and circumstance of the crime, circumstances after the crime, etc., and all of the sentencing conditions in the course of pleading shall be determined as ordered.