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 October 22, 2007, the Defendant issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act (driving) at the Seo-gu District Court Branch of the Daegu District Court on October 22, 2007, and on November 13, 2015, the same court was sentenced to a fine of KRW 5 million for a crime of violating the Road Traffic Act (driving).

【Criminal Facts】

Although the Defendant violated Article 44(1) of the Road Traffic Act more than twice, on April 24, 2019, the Defendant again driven a vehicle B-purd from the 2km section of approximately 2km to the front of the present third road, where he was under the influence of alcohol by 0.158% of the blood alcohol concentration at around 14:13 on April 24, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and inquiry into the results of the control of drinking driving;

1. Previous records before ruling: Criminal records, inquiry reports, and application of Acts and subordinate statutes to criminal records, investigation reports (examination of criminal records of the same kind of suspect);

1. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 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. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: Fully considering all the circumstances, including the defendant's age, character and behavior, environment, motive and background of the crime, means and consequence of the crime, etc., and the conditions for sentencing specified in the pleadings of this case, such as the fact that there is a total of six times of punishment including the suspension of imprisonment for traffic crimes such as drinking driving, the fact that there is a high drinking level: the confession and reflect of the sentence; the fact that the drinking driving is limited to three times of fine; the fact that there is no history of punishment exceeding the suspension of the execution of imprisonment; and the fact that there is no history of