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 January 2, 2012, the Defendant received a summary order of KRW 2 million as a fine for a violation of the Road Traffic Act from the Gun mountain support of the Jeonju District Court on January 2, 2012, and KRW 5 million as a fine for a violation of the Road Traffic Act from the Jeonju District Court’s Gun mountain support on March 27, 2014.

【Criminal Facts】

On December 22, 2018, at around 22:45, the Defendant driven a D-to-purgn-turged car with approximately three kilometers from the front of a general restaurant in the U.S. north-dong in the Sinsan-si, Sinsan-si to the front of C in the same city, while under the influence of alcohol concentration of about 0.129%.

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 circumstantial statement of a drinking driver, the results of the crackdown on drinking driving, and the investigation report (the circumstantial report of the drinking driver);

1. Previous records of judgment: Criminal history records, inquiry reports, investigation reports (a copy of the same type of summary order attached), - Application of each one of the Acts and subordinate statutes applicable to each of the summary order;

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. Although the reason for sentencing under Article 62-2 of the Criminal Code of the community service order and order to attend a lecture had three times of punishment, the fact that the defendant again committed the crime of this case is disadvantageous, but it is more favorable that the defendant repents his mistake and reflects his mistake.

Considering such circumstances and the degree of blood alcohol concentration at the time of the instant crime, the punishment as ordered shall be determined by taking into account the Defendant’s age, character and conduct, environment, motive, means and consequence of the instant crime, and the circumstances after the crime were committed.