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 January 31, 2011, the Defendant was sentenced to a fine of KRW 1 million for a violation of the Road Traffic Act in the Daegu District Court Kimcheon Branch, and on April 1, 2013, the same court was sentenced to a fine of KRW 4 million for the same crime, and operated two or more times in the same court, but on December 12, 2018, the Defendant was a person who had been on at least two occasions, but was under the influence of alcohol with a blood alcohol concentration of at least 0.178% in the state of alcohol alcohol concentration at around 03:42, 2018.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, and inquiry into the results of crackdown on drinking driving;

1. Records before judgment: Application of criminal records, etc. and Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

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

1. Article 62 (1) of the Criminal Act;

1. In full view of the criminal records of the defendant's identical punishment for the reason of sentencing under Article 62-2 of the Criminal Act, the background of the detection of the case, the blood alcohol concentration of the defendant, and other various circumstances, including the defendant's age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime, the punishment as ordered shall be determined.