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

[criminal history] On November 26, 2008, the Defendant was issued a summary order of KRW 2.5 million for a crime of violating road traffic laws (driving alcohol) at the Cheongju District Court’s Cheongju District Court around November 26, 2008. On September 27, 2012, the Defendant was issued a summary order of KRW 6 million for the same crime, etc. at the same court.

[Criminal facts] On October 30, 2018, the Defendant driven C C-Charactered Motor Vehicle under the influence of alcohol content of approximately 0.161% from the 150-meter section of alcohol during the blood, from the 202-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong 202.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances and investigation report of the driver at the main place of business (report on the situation of the driver at the main place of business);

1. Inquiries about the results of crackdown on drinking driving;

1. Investigation report (the hours during and distance from drinking);

1. Criminal history: Application of two copies of a reply to inquiry, such as criminal history, a report on investigation (verification of such past record), and a summary order;

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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The punishment as ordered shall be determined by comprehensively taking into account the following circumstances of sentencing under Article 62-2 of the Criminal Act: Defendant’s age, occupation, sex, family relationship, and circumstances before and after the commission of the crime, and other conditions of sentencing indicated in the records.

An unfavorable circumstance: A person who has been punished twice by a fine due to a violation of the Road Traffic Act (drinking).

The favorable circumstances: The mistake is recognized and reflected.

The driving distance is relatively short.