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 April 15, 2008, the Defendant issued each summary order of a fine of KRW 1 million for a violation of the Road Traffic Act at the Goyang Branch of the Jung-gu District Court on April 15, 2008, and on October 5, 2012 at the same court on the same offense, at least two times the record of punishing drunk driving.

Nevertheless, at around 20:59 on Nov. 9, 2018, the Defendant driven a b bargaining car under the influence of alcohol content of 0.078%, at a section of about 1k meters, from the route near the Roman-gu Soyang-gu, Goyang-gu to the front road of the traffic information center located in the same Dong and located in the same Dong.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiry into the result of the crackdown on drinking driving;

1. Report on the circumstances of an employee;

1. A written request for appraisal;

1. Division: Application of Acts and subordinate statutes on criminal records, inquiry reports, investigation reports (a copy of a summary order of the same kind of power);

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

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 under Article 62-2 of the Criminal Act, even though the Defendant had been punished twice due to the same crime, again committed the instant crime.

Defendant recognized and reflected a crime, and the blood alcohol concentration of Defendant was 0.05% at the time of the pulmonary measurement of this case.

Other punishment shall be determined by taking into account the amount of blood alcohol concentration, the age, character and conduct, environment, motive, means and consequence of the crime, circumstances after the crime, etc.