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 October 24, 2006, the Defendant was sentenced to a summary order of 2 million won for a crime of violating the Road Traffic Act at the Seoul Western District Court on the part of October 24, 2006. On February 5, 2008, the Seoul Western District Court was sentenced to a suspended sentence of 2 years for a year.

【Criminal Facts】

At around 11:50 on April 27, 2019, the Defendant driven a two-wheeled vehicle ECA110V under the influence of alcohol content of about 0.089% from the front of “C” in Eunpyeong-gu Seoul Metropolitan Government to the front road of the same Gu D apartment.

As a result, the Defendant, who violated the prohibition of drunk driving more than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

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

1. Previous records: The application of criminal records, inquiry and other Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 1 and 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018);

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act (defluence to the suspension of execution and considering the fact that it is hard to prevent recidivism and that it does not exist in the same past for the last ten years);

1. Article 62-2 of the Criminal Act concerning orders to provide community service and attend lectures;