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

[criminal power] On February 24, 2011, the Defendant was sentenced to 6 months of imprisonment and 2 years of suspension of execution due to a violation of the Road Traffic Act (driving) in the Youngju District Court’s Yeongdeungpo-dong branch. On November 2, 2012, the same court issued a summary order of 5 million won for a violation of the Road Traffic Act (driving). On July 4, 2013, the same court was sentenced to 8 months of imprisonment due to a violation of the Road Traffic Act (driving).

【Criminal Facts】

On May 9, 2019, at around 20:20, the Defendant driven a Fpoter II truck in the state of alcohol alcohol concentration of about 0.113% from the 30-meter section from the front of the C cafeteria located in Chungcheongnam-gun B to the front of the E elementary school located in D.

As a result, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice, and drives a motor vehicle under the influence of alcohol in violation of the said provision.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Report on the occurrence of a traffic accident;

1. Previous records of judgment: Application of criminal records, references to criminal records, investigation reports (verification of the same or similar criminal records);

1. Relevant Article of the Act on Criminal Facts and Article 148-2 (1) 1 of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018) that select the penalty for a crime;

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

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

1. The reason for sentencing of Article 62-2 of the Criminal Code of the community service order (unfavorable circumstances) requires strict punishment for a crime that is likely to inflict harm on the life, body, or property of the driver as well as the driver himself/herself.

Defendant has been punished several times, such as serving a punishment for the same crime.

【Pried circumstances】 The Defendant recognized the instant crime.

The distance of the defendant's driving is not along.

In addition, the defendant's age, reputation, health status, environment and family relationship, and family relation.