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 October 20, 2006, the Defendant received a summary order of KRW 500,000 for a fine of KRW 1.5 million for a violation of the Road Traffic Act (driving) in the support of the Seocheon District Court in Daejeon District Court on June 11, 2013, and received a summary order of KRW 1.5 million for a violation of the Road Traffic Act (driving) on January 21, 2014 from the Seocheon Branch Branch of the Daejeon District Court to the Daejeon District Court on January 21, 2014.

On December 4, 2018, at around 05:30, the Defendant driven an E Lasttoon car with 1 km alcohol concentration of 0.294% under the influence of alcohol from the front of C in Asan City to the front of D in Asan City.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the situation of a drinking driver, investigation report (report on the situation of a drinking driver), inquiry into the records of the control of drinking driving, inquiry into the results of the control of drinking driving, and response to the request for appraisal;

1. 112Report settlement statement;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (verification of the same kind of force), and application of Acts and subordinate statutes of the summary order (4 cases);

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;

1. In light of the fact that the defendant was punished several times for the reason of sentencing under Article 62-2 of the Criminal Act of the Order to attend a lecture or the Order of Community Service, the defendant was punished for the violation of the Road Traffic Act, the blood alcohol concentration of this case is very high, the defendant was investigated as the fourth suspect while denying driving under the influence of alcohol at the beginning of an investigation, and he was recognized as committing the crime after being presented various evidences, and the circumstances are not good, and the defendant is going against the order to stop driving under the influence of alcohol again, etc., the punishment shall be determined as ordered.