A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On April 2, 2012, the Defendant issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act (drinking driving) at the port branch of the Daegu District Court on April 2, 2012, and a summary order of KRW 7 million for the same crime at the same court on May 29, 2014, respectively.

Although the Defendant had been punished twice or more for the crime of violating the Road Traffic Act (drinking) as above, on July 4, 2018, the Defendant driven a Dschton car from approximately 20 meters in the front of the Changpo-ro 10, 1075 Changpo-ro 30, 100 square meters in the front of the Changpo-ro 1 apartment complex located in the 10th century, as it was under the influence of alcohol level of 0.158% during blood transfusion around July 4, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. Previous convictions in judgment: Inquiry about criminal history and application of the Acts and subordinate statutes of investigation report (the same type of crime records);

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspension of execution (resumed grounds for reduction of the amount of punishment);

1. Although an order to attend a lecture or an order to provide community service was already punished four times or more due to the driving of a fine due to the reason of sentencing under Article 62-2 of the Criminal Act, the execution of imprisonment with prison labor shall be postponed on the condition of an order to attend a lecture and an order to provide community service, in consideration of the unfavorable circumstances, such as the fact that the driving of the instant drinking alcohol again leads to the driving of the instant drinking, the amount of alcohol concentration in the blood of the instant blood of this case is considerably high. However, the distance of driving the instant blood of this case is short, there is no criminal history exceeding the fine, and the fact that the mistake is recognized and seriously reflectd, etc., to further give more opportunities to the Defendant.

B. The above circumstances and the motive, means, and consequence of the instant crime are committed after the crime is committed.