A defendant shall be punished by imprisonment for 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

The Defendant, at the Suwon District Court on August 4, 2006, issued a summary order of 2.5 million won by a fine due to a violation of the Road Traffic Act, etc., and the same court on August 17, 201, issued a summary order of 2.5 million won by a fine due to a violation of the Road Traffic Act.

Around 09:00 on April 10, 2019, the Defendant driven D 10km from the 10km section to the roads near the building near the building near the building in Sungsung City to the roads near the apartment near the apartment complex in the eternic City, while under the influence of alcohol content of 0.063%.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Notification of the control of drinking driving;

1. Previous records of judgment: Criminal records, reply reports, and application of Acts and subordinate statutes to investigation reports (verification of the same kind of power);

1. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for a crime;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant committed a second offense even though he had been punished twice for the same kind of crime, etc. However, considering the fact that the defendant was found to have committed a crime, the defendant's previous offense is recognized, all of the above previous offenses are punished by a fine, there is no other penalty power, the degree of blood alcohol level is low, and the circumstances that can be taken into account in the course of drinking driving, the sentence of the defendant's imprisonment is harsh.

In full view of all the sentencing circumstances shown in the records of this case including the above circumstances, the decision is delivered with a decision to suspend the execution of imprisonment with prison labor for the defendant.