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 August 9, 2010, the Defendant received a summary order of KRW 1.5 million from the Changwon District Court to a fine of KRW 1.5 million for a crime of violation of the Road Traffic Act; on March 26, 2012, a summary order of KRW 2.5 million for the same crime; and on January 20, 2017, a summary order of KRW 5 million was issued in the same court as the same crime.

【Criminal Facts】

On March 15, 2019, at around 02:05, the Defendant driven a C bargaining passenger car under the influence of alcohol of about 0.090% with a blood alcohol concentration of about 2 km from the nearest Do of the Export Long-distance Do to the front road of the same Gu.

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

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (report on the circumstances of an immigration driver) and report on detection of an immigration driver;

1. A written appraisal of blood alcohol;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to criminal records, investigation reports, and criminal records;

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. 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 of Article 62-2 of the Criminal Act on community service and lecture attendance order seems to be difficult to achieve the purpose of punishment no more than a fine is imposed on the defendant, considering the fact that the defendant drives drinking again in drinking even though the defendant has already been found to drive drinking over three times.

On the other hand, the defendant led to a confession of crime and reflects on his gender, and did not cause harm to others due to the defendant's crime.

In addition, the sentencing conditions, such as the age, character and conduct, environment, circumstances, circumstances after the crime, etc., shall be determined as per the order.