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 January 24, 2007, the Defendant was sentenced to imprisonment with prison labor for 4 months as a crime of violation of the Road Traffic Act (driving) at the Gunsan Branch of the Jeonju District Court on January 24, 2007, and four months, respectively, at the Jeonju District Court on November 9, 2007.

【Criminal Facts】

On March 24, 2019, around 23:40 on March 24, 2019, the Defendant driven a F Kanb car in the state of alcohol alcohol concentration of approximately 0.107% at the section of about 500 meters from the front of the Cju store located in Sinsan-si B to the front of the D apartment EM store in the same city.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the circumstances of a drinking driver, investigation report (report on the circumstances of a drinking driver), and inquiry into the results of the crackdown on drinking driving;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (attached to the same type of summary order and a copy of judgment), summary order, and the application of statutes governing the judgment;

1. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 15530, Mar. 27, 2018); the choice of imprisonment 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. In light of the fact that the defendant, for the reason of sentencing in Article 62-2 of the Criminal Act, committed again the crime even though he/she was punished five times or more for drinking driving or refusing to measure drinking, it is necessary to strictly punish the defendant.

However, considering the fact that the defendant repents and reflects the wrongness, and that there was no record of punishment for more than 10 years since he was punished for drinking driving in 2007, the defendant shall be sentenced to a suspended sentence of imprisonment with prison labor, but the above circumstances and the blood alcohol concentration at the time of the crime of this case.