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 4, 2013, the Defendant was issued a summary order of KRW 1.5 million with a fine of KRW 1.5 million due to a violation of the Road Traffic Act by the Jung-gu District Court. On May 29, 2014, the Defendant was sentenced to a fine of KRW 3 million with a fine of KRW 1.5 million due to a violation of the Road Traffic Act.

Although the Defendant violated Article 44(1) of the Road Traffic Act two or more times, the Defendant driven a D Sti-type car in a drunken state with a blood alcohol concentration of about 0.104% from the parking lot in front of Yangju-si to the front of Yangju-si from the parking lot in front of Yangju-si to the road in front of Yangju-si, on February 17, 2019.

As a result, the Defendant, who violated the prohibition of drunk driving more than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, report on the state of drinking drivers' state statement, and investigation report (report on the state of drinking drivers);

1. Making a report on the control of drinking driving;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (verification of criminal records of the same kind and reports attached to judgments, etc.);

1. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 15530, Mar. 27, 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. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. The scope of punishment by law: Imprisonment for six months to one year and six months;

2. No sentencing criteria shall be set;

3. The Defendant, while under the influence of alcohol content 0.104%, driven a car at approximately seven meters in a state of alcohol.

Around 2002, around 2013, around 2014, the defendant has been punished for each violation of the Road Traffic Act (driving) and there are a number of records of punishment.

The blood alcohol concentration of such defendant, the distance from driving, the contents of previous punishment power, the distance from such defendant, and other defendants.