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

The Defendant received a summary order of KRW 1 million on March 15, 2010, and a fine of KRW 1 million on January 27, 2012, respectively, from the Daegu District Court Kimcheon Branch.

Although the Defendant violated the provision on the prohibition of drunk driving more than twice as above, on May 9, 2019, at around 07:15, 2019, the Defendant driven a Eteph car while under the influence of alcohol of about 0.136% in the 3km section from the front of Kimcheon-si to the front of D, located in Kimcheon-si, Kimcheon-si C.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiries into the circumstantial statements of a drinking driver, and the results of crackdown on drinking driving;

1. Previous records: Criminal records, etc. and the application of each summary order Acts and subordinate statutes;

1. Relevant legal provisions concerning criminal facts, Articles 148-2 (1) 1 and 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment (it takes into account the following factors: (a) the person who has been convicted of having escaped while driving a motor vehicle while driving a motor vehicle; (b) the person is the fourth drinking driver; and (c) the person who is the fourth drinking driver; and (d) the person who has high blood alcohol concentration)

1. Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (the preceding day was cut off and drinking together with the latter day to work at one’s own A.M. and the latter day was made to work at one’s own A.M. and led to driving; the previous records related to the above escape were old, and the past six years had no previous records of the same kind);

1. The main sentence of Article 62 (1) of the Criminal Act;

1. Article 62-2 (1) of the Criminal Act concerning community service or education;