A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On March 7, 2011, the Defendant received a summary order of KRW 2 million as a crime of violating the Road Traffic Act at the Gwangju District Court, and issued a summary order of KRW 4 million as a fine in the same court on February 26, 2016.

On July 12, 2018, around 21:17, the Defendant driven the B Poter B truck with alcohol level of about 0.098% under the influence of alcohol level of about 1km from the 1km section from the front of the restaurant to the front of the middle school in the same Eup.

As a result, the Defendant again driven a motor vehicle while under the influence of alcohol, who violated the prohibition of drinking at least twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of crackdown on drinking and inquiry of the results of crackdown on drinking driving;

1. Previous conviction in judgment: Application of a reply to inquiry, such as criminal history, investigation report (including a copy of a summary order attached thereto) to statutes;

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Selection and punishment of imprisonment with prison labor for the reason of sentencing under Article 62-2 of the Criminal Act, taking into account the defendant's records of driving alcohol (including the criminal records as indicated in the judgment) and other factors, shall be imposed at the same time;

Other punishment as ordered shall be determined in consideration of the degree of alcohol, the circumstances leading up to the driving of alcohol, the distance and place of the driving of alcohol, the age, sex, environment, circumstances after the crime, etc. of the defendant.