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 of the final judgment.

Punishment of the crime

[criminal power] On August 21, 2014, the Defendant was sentenced to a fine of KRW 4 million for a violation of the Road Traffic Act (driving) at the Chuncheon District Court on August 21, 2014, and a fine of KRW 3 million for a violation of the Road Traffic Act (driving) at the Sungnam Branch of the Suwon District Court on July 8, 2013.

【Criminal Facts】

Although the Defendant had been punished twice or more due to drinking driving, on November 6, 2018, at around 01:10, the Defendant driven a FCA 110 motorcycle under the influence of alcohol content of approximately 0.086% from the front side of the “Ccafeteria” in Chuncheon-si B to the front side of the Estore located in the same city D.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, and the report on the situation of drinking drivers;

1. Application of statutes concerning criminal records;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that it is committed on the simple driving of a motor bicycle without a traffic accident, the fact that the defendant is led to confession and reflect, the fact that there is no criminal record exceeding the fine, the degree of drinking alcohol and the distance of driving, the time of the final driving record, the health conditions and environment, etc.);

1. Article 62-2 of the Criminal Act concerning orders to provide community service and attend lectures;