A defendant shall be punished by imprisonment for not more than ten 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 November 11, 2016, the Defendant was issued a summary order of KRW 4 million at the Seoul Eastern District Court for a crime of violation of the Road Traffic Act, and KRW 3 million for a crime of violation of the Road Traffic Act at the Seoul Central District Court on October 7, 2016, respectively.

【Criminal Facts】

At around 02:30 on March 9, 2019, the Defendant driven a Fbenzlls250D car from the front day of the Seo-gu, Seo-gu, Gwangju to approximately 9 kilometers before the E-dong of the Gwangju Mine, while under the influence of alcohol by 0.131% of blood alcohol concentration.

Accordingly, the defendant, who was punished not less than twice due to drinking driving, once again driven a motor vehicle while under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Previous conviction: Application of two-yearly summary order of Acts and subordinate statutes;

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. The sentencing of Article 62-2 of the Criminal Act, including the criminal records of the defendant, the nature and risk of the crime of this case, the background of the crime, the degree of taking the crime, the family relationship, the health condition of the defendant, and the possibility of recidivism, shall be determined by comprehensively taking account of the various sentencing conditions as shown in the records and arguments of this case.