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 April 19, 2010, the Defendant was issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act (driving) at the Cheongju District Court’s Chungcheong Branch on April 19, 201, and on April 29, 201, the Defendant was sentenced to a fine of KRW 3.5 million for a crime of violating the Road Traffic Act (driving) in the same court.

【Criminal Facts】

On November 7, 2018, at around 21:55, the Defendant driven a Fran vehicle under the influence of alcohol content of about 150 meters from the front road of the “C” in the Chungcheongnam-gun B, Chungcheongnam-do, to the front road of the “E” located in D, to the front road of the “E” in D.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the circumstantial statements of a drinking driver and the control results of drinking driving;

1. Previous records of judgment: Criminal records, inquiry reports, summary orders, and application of statutes governing judgment;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 2007Da15488, Apr. 2, 2007)

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

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