The punishment of the accused shall be set forth in six months.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal power] On March 17, 2015, the Defendant was issued a summary order of KRW 1.5 million for the crime of violating the Road Traffic Act in Daegu District Court racing support, and on December 26, 2016, the Defendant was issued a summary order of KRW 4 million for the same crime.

【Criminal Facts】

At around 02:20 on March 19, 2019, the Defendant driven a DNA low-income vehicle under the influence of alcohol with approximately 800 meters alcohol concentration of 0.085% from the 800m section around the port bus terminal located in Nam-gu, Chungcheongnam-gu, Seoul, to the Criju road located in the same Gu B.

Accordingly, the defendant, who violated the prohibition of drinking driving regulations not less than twice, was driving a car under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the control of drinking driving, the report on the circumstances of drinking drivers, and the next inquiry;

1. Previous records: Application of Acts and subordinate statutes concerning criminal records and investigation reports (verification of criminal records of the same kind of suspect);

1. Relevant Article of the Act on the Crime and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act that selects the punishment for a crime [the selection of imprisonment and the blood alcohol concentration level, etc. shall be taken into account];

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Da1548, Apr. 1, 201; Supreme Court Decision 201Da1448, Apr. 2, 201)

1. Article 62 (1) of the Criminal Act on the suspended execution [The grounds for discretionary mitigation and the fact that there are no criminal records subject to the punishment heavier than the suspended execution];