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

[criminal power] On April 25, 2012, the Defendant was issued a summary order of KRW 3 million by the Seoul Central District Court for a violation of the Road Traffic Act. On October 13, 2016, the same court issued a summary order of KRW 5 million for a violation of the Road Traffic Act.

【Criminal Facts】

On December 2, 2018, the Defendant, around 02:21, driven a car again in the state of alcohol with approximately 150 meters alcohol concentration 0.097% under the influence of alcohol in the state of being drunk from 150 meters to the front road of the same Gu, Gwangjin-gu, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. Making inquiries into the results of the control of drinking driving, making a report on the circumstances of drinking drivers, and making an inquiry into the enemy;

1. Previous for judgment: Criminal history records, inquiry reports, investigation reports (report attached to a summary order of the same kind of power), and application of Acts and subordinate statutes of the summary order;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

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. On the grounds of sentencing under Article 62-2 of the Criminal Act, the punishment as ordered shall be determined by comprehensively taking into account the following circumstances and the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime was committed.

In light of the fact that the defendant was sentenced to a fine on two occasions in 2012 and 2016 due to drunk driving, it is necessary to punish the defendant strictly.

The favorable circumstances: The defendant shows his attitude to reflect his mistake; the defendant has not been punished for a crime of the same kind, and the personal and physical damage has not occurred due to the defendant's crime.