A defendant shall be punished by imprisonment with prison labor for up to six 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 January 15, 2016, the Defendant was issued a summary order of a fine of three million won for a crime of violating the Road Traffic Act at the Daejeon District Court on January 15, 2016, and was issued a summary order of seven million won for the same crime in the same court on May 9, 2016.

On June 16, 2018, the Defendant was under the influence of alcohol content of 0.069% during blood transfusions, and was driving approximately approximately 2.5 km from the front side of Pyeongtaek-si University in the movement of Pyeongtaek-si to the front side of the Gosi-si Eup Do in Ansan-si to the front side of the Gosi-si industry located in Ansan-si Eup Do.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking, report on the situation of the driver of drinking, report on the circumstances of the driver of drinking, and inquiry into the results of regulating the driving of drinking;

1. References to inquiries about criminal history, reports on investigation (verification of drinking driving records), and application of Acts and subordinate statutes regarding criminal history;

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Although Article 62-2 of the Criminal Act provides community service and an order to attend a lecture twice the period of punishment for driving under drinking alcohol for the reason of sentencing, if considering the fact that drinking is repeated, and that drinking is high, the defendant should be punished strictly. However, the fact that the defendant's mistake is recognized, and the fact that the defendant's age, sex, family environment, etc. are reflected, and all of the sentencing conditions shown in the records shall be determined as ordered.