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 two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal record] On July 25, 2006, the defendant sent the juvenile protection case to the Jung-gu District Court on the grounds of the violation of the Road Traffic Act (driving). On April 3, 2015, the Daejeon District Court issued a summary order of a fine of KRW 4 million on April 28, 2015. The above summary order became final and conclusive on April 28, 2015.

【Criminal Facts】

On May 9, 2019, the Defendant driven DK7 automobiles at a section of about 2 km from the front side of the “C” located in Scheon-si B to the front side of the Macheon-si Newbuk-si, Macheon-si, Macheon-si, the Defendant was under the influence of alcohol with 0.141% of blood alcohol content around 0.24.

The Defendant again driven a motor vehicle under the influence of alcohol, as a person who has violated the prohibition on drinking at least twice.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Report on the results of the crackdown on drinking driving, and the statement of the situation of drinking drivers;

1. Previous convictions in judgment: Criminal history records, inquiry reports (verification of two times before and after driving the same kind of drinking), application of Acts and subordinate statutes concerning forwarding opinions;

1. Relevant laws and Articles 148-2 (1) 1 and 44 (1) of the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018; Act No. 16037, Jun. 25, 2019); 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. The reason for sentencing of Article 62-2 of the Criminal Act requires the punishment corresponding to the crime that may cause serious damage to the life, body, and property of another person.

Although the Defendant had a history of drinking driving twice, the Defendant again driven a drunk.

The blood alcohol concentration is high and the driving distance is driving.

However, there was no accident due to drunk driving.

There shall be no criminal history exceeding a fine against a defendant.

The defendant recognizes his wrong and reflects his wrong.

The above circumstances and the defendant.