A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

On April 1, 2008, the Defendant was issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act (drinking driving) at the Seo-gu District Court branch on April 1, 2008. On June 24, 2008, the Defendant was issued a summary order of KRW 5 million for a crime of violating the Road Traffic Act (drinking driving) at the Daegu District Court on June 24, 2008, and was sentenced to a summary order of KRW 5 million for a crime of violating the Road Traffic Act (drinking driving) at the Daegu District Court on December 17, 2015.

On April 22, 2018, at around 06:45, the Defendant driven a D-low-scale car under the influence of alcohol content of about 0.100% from the 20km section to the front of the Dolllllldong G, G-gu, Daegu, the Defendant’s residential area near the Defendant’s residential area, to the Dollldong, G-gu, G-gu, the Dolldong car, which was under the influence of alcohol content of 0.10% from the 20km section.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);

1. Previous convictions in judgment: References to criminal history, application of Acts and subordinate statutes on investigation reports (verification of the same criminal records as the suspect);

1. Article 148-2 (1) 1 and Article 44-2 (1) of the Road Traffic Act concerning facts constituting an offense;

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reasons for sentencing under Article 62-2 of the Criminal Act, including the observation of protection, the order to provide community service and attend lectures, the fact that the defendant has been punished more than three times for the same crime, the defendant's reflects on his gender, and other conditions of sentencing indicated in the records, such as the defendant's age, sexual behavior, environment, motive and circumstances after the crime, shall be determined as ordered by the sentence.