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 of the final judgment.

Punishment of the crime

On December 29, 2008, the Defendant was issued a summary order of 700,000 won of a fine for a violation of the Road Traffic Act in the Jeonju District Court’s military mountain support on December 29, 2008, and was sentenced to a fine of 6 million won for the same crime on September 25, 2015.

On October 27, 2018, at around 23:01, the Defendant driven a FK7 car quantity owned by the Defendant, while under the influence of alcohol of about 0.5k alcohol concentration from the front of the C cafeteria located in the Gunsan City B to the Eelher road located in the Gunsan City D.

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. Defendant's legal statement;

1. The circumstantial statement of the employee;

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

1. Previous convictions in judgment: Application of criminal records and investigation reports (reports on the same criminal records and investigation reports as suspects);

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act of the choice of punishment, the choice of imprisonment (such consideration as the fact that there has been two times of experience of punishment for driving without a license, etc., two times of driving without license, etc., and that the blood alcohol concentration level has high, etc.);

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 2009Da15488, Apr. 2, 2009) (see, e.g., Supreme Court Decision 2008Da1548, Apr

1. Article 62 (1) of the Criminal Act;

1. It is so decided as per Disposition on the grounds of Article 62-2 of the Criminal Act or more of orders to provide community service and attend lectures;