A defendant shall be punished by imprisonment for not more than ten 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 August 26, 2010, the Defendant was sentenced to a summary order of KRW 3.5 million for a violation of the Road Traffic Act (driving) in the Daegu District Court’s Ansan Branch on August 26, 2010, and was sentenced to a suspended sentence of six months for the same crime in the same court on November 4, 2016.

【Criminal Facts】

Nevertheless, at around 12:50 on March 21, 2019, the Defendant driven a DNA cargo vehicle under the influence of alcohol concentration of 0.242% in a section of approximately two meters in the Cmate parking lot in Ansan-si B.

Accordingly, the defendant, who violated the prohibition of drinking driving more than twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Defendant's legal statement;

1. Reporting the occurrence of a traffic accident, a survey report on actual condition, a report on the circumstantial statement of a drinking driver, and an inquiry into the results of regulating driving;

1. Previous records: The application of inquiry reports and investigation reporting Acts and subordinate statutes, including criminal records;

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

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

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

1. In light of the fact that the reasons for sentencing under Article 62-2 of the Criminal Act, such as probation, order to attend a lecture, and order to attend a lecture, are several times, and the defendant has been sentenced to a suspended sentence of imprisonment with prison labor for the previous time, and the fact that the crime of this case was committed, the fact that drinking water is very high at the time of enforcement, and there are no special circumstances that should have been inevitably driven while drinking alcohol at the time, it is highly necessary to keep the defendant a sense of warning by sentenceing the defendant.

However, in this case, in consideration of the fact that the distance driven by the defendant is very short, that is not going beyond the service for the general public, that is, its mistake is recognized, and that it is against the depth, the last opportunity for opening will be granted only once.