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 30, 2009, the Defendant was issued a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act at the Gunsan Branch of the Jeonju District Court on November 30, 2009, and a fine of KRW 4 million at the same court on June 27, 2014.

【Criminal Facts】

On December 20, 2018, at around 22:10, the Defendant driven a Fpoter freight at a section of approximately 400 meters of alcohol alcohol concentration 0.129% under the influence of alcohol level 0.129% from the front day of the “C” main road located in the Yasan-si B to the front day of the “E” restaurant located in the Yasan-si.

As a result, the defendant was punished not less than twice due to drinking driving, and driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, investigation report, notification on the control results of drinking driving, and the register of driver's licenses;

1. Previous records of judgment: Application of criminal records, inquiry reports, and criminal investigation reports (a copy of a summary order of the same kind of power attached) 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. Although the reason for sentencing under Article 62-2 of the Criminal Code of the Order to Provide community service and attend lectures has been twice the punishment of a fine due to drinking driving, the fact that the defendant again committed the crime of this case is disadvantageous circumstances, 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.