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

On May 21, 2008, the Defendant issued a summary order of a fine of two million won for a violation of the Road Traffic Act in the Gwangju District Court's Net Branch on May 21, 2008, and on January 18, 2012, the Defendant was issued a summary order of a fine of two million won with the same crime in the same court on January 18, 2012, and was in violation of Article 44 (1) of the Road Traffic Act two or more times.

At around 18:50 on September 16, 2018, the Defendant driven approximately 50 meters from D, in the same city, where he/she was under the influence of alcohol 0.198% of blood alcohol concentration, and the Defendant driven a x-d-d-d-d-d-car from D, in the net city C, to F side, in the same city.

Summary of Evidence

1. Defendant's legal statement;

1. A report on internal investigation (with regard to circumstances of internal investigation)

1. A survey report on actual condition (1) (2);

1. Report on the circumstantial statements of a drinking driver and report on the control of drinking driving;

1. An accident site photograph;

1. Previous convictions as indicated in the judgment: Criminal records, etc. inquiry reports, net 2008 high-level 4813, net 2011 high-level 201 high-level 10574;

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. The main sentence of Article 62 (1) of the Criminal Act;

1. The punishment to prevent recidivism shall be determined by taking into account all the circumstances such as the defendant's age, health conditions, home environment, the interval of the crime of this case and the time of the crime of this case, the distance of drinking driving, distance of drinking driving, and circumstances after the crime, etc., which are disadvantageous to the defendant for the reason of sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on Probation, the fact that the defendant's blood alcohol level is high at the time of the crime, the defendant's traffic accident while driving under drinking, the defendant's scrapping of automobile, the fact that the automobile in this judgment is covered by a comprehensive automobile insurance, the defendant's age, health conditions, home environment, the criminal record and the period of the crime of this case