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 March 18, 2008, the Defendant was sentenced to a suspended sentence of three years for one year for a violation of the Road Traffic Act in the Southern District Court of the Jeonju on March 18, 2008, and was sentenced to a fine of 1.5 million won for a violation of the Road Traffic Act at the Jeonju District Court of September 13, 2013, and was sentenced to a suspended sentence of 8 months for a violation of the Road Traffic Act at the Jeonju District Court of the Jeonju on December 4, 2013.

【Criminal Facts】

On November 29, 2018, at around 05:00, the Defendant driven a car under the influence of alcohol concentration of 0.087% in the section of approximately 57km in the Daegu-Tgu Highway from around 57km to the Busan-Tgu Highway direction.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Notification of the results of crackdown on drinking driving and investigation report (report on the circumstances of drinking drivers);

1. Previous convictions indicated in the judgment: Application of criminal records, reply reports, investigation reports, 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. Mitigation of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act (hereinafter referred to as “the grounds for discretionary mitigation”), among favorable circumstances

1. Article 62(1) of the Criminal Act of the suspended sentence (hereinafter “the grounds for the suspended sentence”), whichever is favorable;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

1. The scope of applicable sentences under law: Imprisonment with prison labor for up to six months from one year and six months;

2. Determination of sentence: Determination of sentence: Imprisonment with prison labor for 8 months, probation for 2 years following the suspension of execution, taking into account the following circumstances, and taking into account the defendant's age, character and conduct, environment, motive, means and consequence of the crime, various factors of sentencing as shown in the arguments in this case, such as the circumstances after the crime, etc.

[Unfavorable Circumstances] The drinking driving of a motor vehicle needs to be punished for a crime that may cause serious damage to another person's life, body, or property, which corresponds to the punishment for such crime.

The defendant is punished three times for the same crime.