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

On June 11, 2007, the Defendant received a summary order of KRW 1 million from the Daejeon District Court to a fine for a violation of the Road Traffic Act, and on October 8, 2012, the Defendant received a summary order of KRW 1.5 million from the same court as a fine for the same crime.

On April 25, 2019, at around 01:48, the Defendant driven a DNA rocketing car while under the influence of alcohol content of about 0.169% at a section of approximately 300 meters prior to Yangsan-si, Yangsan-si.

Therefore, although the defendant had been punished not less than twice due to drinking driving, he has driven a motor vehicle while under the influence of re-driving.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the control of drinking driving, and report on the state of drinking drivers;

1. Previous convictions indicated in judgment: Criminal records and application of each summary order;

1. Articles 148-2(1)1 and 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); 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 fact that probation, order to attend a lecture or order to attend a community service order recognizes the facts charged for sentencing under Article 62-2 of the Criminal Act, and that there is no criminal record exceeding the fine is favorable to

On the other hand, the fact that blood alcohol concentration is high, and that two times before and after drinking is disadvantageous to the defendant.

In addition, the punishment shall be determined as ordered by taking into account various factors of sentencing, such as the defendant's age, environment and motive for crime.