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 March 14, 2011, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act (driving) in the Goyang Branch of the Jung-gu District Court on March 14, 201, and was sentenced to a fine of two million won for a violation of the Road Traffic Act (driving) in the Changwon Branch of the Changwon District Court on May 9, 201.

On May 12, 2019, at around 03:00, the Defendant driven a D-Wz car with a blood alcohol concentration of about 0.113% at a section of about 30km for the front road located in Busan City, Jin-gu, Busan, and the front road in the city of Busan.

Accordingly, the defendant, who violated Article 44 (1) of the Road Traffic Act more than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of running a motor vehicle under the influence of alcohol;

1. Making a report on the control of drinking driving;

1. Previous records of judgment: Application of criminal history records, inquiry reports, and investigation reports (applicable to cases where a suspect drinks drinking);

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 repeated in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Scope of applicable sentences under law: Imprisonment with prison labor for up to six months up to one year and six months;

2. Non-application of the sentencing criteria: The sentencing criteria are not set.

3. The distance in which the defendant's decision of sentencing is made without lowering drinking water; and

However, the defendant recognizes and reflects the crime.

Defendant shall not have any specific penal power except before a fine is imposed once except for a previous offense due to a drunk driving.

In the past, the blood alcohol concentration is less than 0.1%.

The age, character and conduct, environment, motive, means, results, and crimes of defendants.