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

【Criminal Records of Crimes】 On March 19, 2007, the Defendant received a summary order of KRW 1,500,000,000 for a fine for a crime of violating the Road Traffic Act at the Gangnam Branch of the Chuncheon District Court, and a summary order of KRW 2 million for the same crime at the same court on August 18, 2009, respectively.

【Criminal facts” around October 4, 2018, the Defendant driven a 2-meter nive motor vehicle with d pertaining to lurburg, while under the influence of alcohol level of 0.193% in blood, on the front of the entrance of the apartment house B in the East Sea, at around October 4, 2018.

Accordingly, even though the defendant had been punished as a crime of violating the Road Traffic Act(drinking) more than twice, he has driven a motor vehicle while under the influence of re-driving.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. On-site photographs;

1. A report on the detection of a primary driver;

1. Inquiries about the results of crackdown on drinking driving;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, investigation report (Attachment to the summary order, etc. of the same type of crime), summary order, and application of the relevant list-related statutes;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

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. The sentencing of Article 62-2 of the Criminal Act is based on the following circumstances: the Defendant’s age, sex, environment, circumstances before and after the commission of the crime, and all the conditions of the sentencing indicated in the records, including the criminal defendant’s age, sex, circumstances before and after the commission of the crime, etc. as ordered.

Unfavorable circumstances: The fact that a person repeatedly commits a crime of the same kind, and the circumstances favorable to the high drinking value: The confession and the fact that he/she repents his/her mistake, and there is no record of punishment exceeding the fine.