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

On October 28, 2010, the Defendant received a summary order of KRW 1,500,000 from the Jeonju District Court to a fine for a violation of the Road Traffic Act, and on September 13, 2012, a summary order of KRW 4 million was issued by the same court as the same crime.

On January 15, 2019, around 21:42, the Defendant driven a D observer car in the state of alcohol alcohol concentration of about 0.132% from the 1km section to the road front of the C main shop located in the B, which is located in the Hosan-gu, Yan-si.

As a result, the defendant was not allowed to drive a motor vehicle under the influence of alcohol, but has violated it more than twice, and once again driven a motor vehicle under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Reports on the occurrence of traffic accidents, reports on the results of the control of drinking driving, and reports on the state of drinking drivers;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (Attachment to a summary order of the same kind of power), and application of one copy of a summary order;

1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, and the choice of imprisonment;

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 probation, community service and order to attend a lecture, despite the fact that the defendant was sentenced to a fine twice due to drinking driving, was also driving under the influence of drinking.

Considering the fact that drinking water is high, that the defendant caused an accident while the defendant was in order to avoid drinking control, it is necessary to strictly punish the defendant.

However, the fact that the defendant does not commit a second offense, the fact that the defendant has no record of criminal punishment exceeding the fine, etc. is considered as favorable circumstances, and the defendant's age, character and behavior, environment, motive and circumstance of the crime, and the circumstances after the crime are considered together.