A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On March 29, 2007, the Defendant issued a summary order of KRW 3 million for a violation of road traffic law (drinking driving), etc. on November 1, 201, the summary order of KRW 5 million for the same crime, etc. in the Daegu District Court Port Support on November 1, 201, and the summary order of KRW 6 million for the same crime in the same court on February 5, 2014, respectively.

Although Defendant had been punished twice or more due to a violation of the Road Traffic Act (drinking) as above, Defendant 1 driven B car at a distance of about 800 meters from the Do in front of the real estate located in the north-gu at the port at the same time, while under the influence of alcohol level of 0.126% from around 02:10 on October 13, 2018, Defendant 1 driven B car at a distance of about 800 meters from the Do in front of the construction site at the same time.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. Previous convictions: Inquiries about criminal history and application of Acts and subordinate statutes to investigation reports (Attachment to the same judgment, etc.);

1. Article 148-2 (1) 1 and Article 44-2 (1) of the Road Traffic Act concerning facts constituting an offense;

1. Selection of an alternative imprisonment with prison labor (in addition to the one who has been punished four times due to driving of alcohol, consideration shall be given to the fact that there are many other records of traffic-related crimes, and that the blood alcohol concentration in this case is considerably high, etc.);

1. Article 53 and Article 55 (1) 3 of the Criminal Act for Reduction of Small Quantity (see, e.g., Supreme Court Decision 2006Da1448, Apr. 1, 2006)

1. Article 62 (1) of the Criminal Act on the suspension of execution (resumed grounds for reduction of the amount of punishment);

1. Protective observation and community service order under Article 62-2 of the Criminal Act;