The punishment of the accused shall be eight months by imprisonment.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal record] On March 17, 2008, the Defendant was sentenced to a summary order of KRW 1.5 million for a crime of violation of the Road Traffic Act (driving) at the port branch of the Daegu District Court on March 17, 2008, and a summary order of KRW 3 million for the same crime at the same court on October 10, 2016, respectively. On July 19, 2017, the Defendant was sentenced to a suspended sentence of six months for a crime of violation of the Road Traffic Act (driving).

[criminal facts] Although the Defendant had been punished for drunk driving activities more than twice as stated in the above criminal records, the Defendant driven a D low-speed car at a distance of about 500 meters from the 16:30 on January 27, 2019 to the front road of C kindergarten located in North-gu, North-gu, Dong-dong, North-si, Mapo-gu, Mapo-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Each E statement;

1. The actual condition survey report;

1. Notification of the control results of drinking driving, and report on the circumstantial statement of a drinking driver;

1. Each photograph;

1. Previous convictions: Criminal records, written judgments and application of each summary order Acts and subordinate statutes;

1. Article 148-2 (1) 1 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018) (amended by Act No. 16037, Dec. 24, 201);

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 under Article 62-2 of the Criminal Act for probation and community service order is that traffic accidents have occurred due to the driving of the instant case, and that recidivism has been committed during the period of probation after being punished for drunk driving, it is reasonable to hold the Defendant liable with severe responsibility.

However, the execution of the above punishment is suspended on condition that probation and community service order should be added only once, taking into account all circumstances such as the defendant's family relation, career, etc., including the fact that the defendant's mistake is divided and the sentence of imprisonment is not imposed.