The punishment of the accused shall be eight months by imprisonment.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On August 2, 2010, the Defendant was issued a summary order of KRW 2.5 million for the crime of violating the Road Traffic Act in the port branch of the Daegu District Court on August 2, 2010. On October 15 of the same year, the Defendant issued a summary order of KRW 3 million for the same crime, etc. in the same court, and on October 11, 201, was sentenced to a suspended sentence of six months for the same crime, etc.

At around 07:30 on January 16, 2019, the Defendant driven BM5 car under the influence of alcohol content 0.129% in a section of about 1km from the border of the opposite district located in 84, south-gu, East-gu, wester, the airspace above 84, to the southwest of the island to the road adjacent to the southwest of the Dong-gu, Seoul.

Accordingly, the defendant, who violated the prohibition of drinking driving regulations not less than twice, was driving a car under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. Notification of the control results of drinking driving, and report on the circumstantial statement of a drinking driver;

1. Each photograph;

1. Previous records: Application of Acts and subordinate statutes to criminal records and investigation reports (Attachment to the same attached records);

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act that choose the penalty for a crime [The case shall be taken into account the choice of imprisonment, the blood alcohol concentration and the fact that the traffic accident has occurred due to the driving of this case];

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation [see, e.g., the fact that a person commits an error and is going to not repeat while selling his/her vehicle];

1. Article 62 (1) of the Criminal Act (Discretionary mitigation grounds, the health of the accused, family relationship, etc.)

1. Article 62-2 of the Criminal Act on Probation and Order to Attend Courses;