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 2, 2011, the Defendant received a summary order of KRW 2 million as a crime of violating the Road Traffic Act (driving) at the port branch of the Daegu District Court on June 2, 201, and issued a summary order of KRW 3.5 million from the same support on September 11, 2015.

On June 23, 2019, at around 04:30, the Defendant driven a vehicle of hurburged C with a blood alcohol concentration of about 0.104% while under the influence of alcohol at a section of about 30 kilometers from the 30 kilometers of the Nam-gu, Nam-gu, Nam-gu, Seoul.

Accordingly, the defendant was driving under drinking not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the situation of a drinking driver, report on the results of the control of drinking driving, and report on the actual situation;

1. Previous convictions indicated in judgment: Application of criminal records and summary order statutes;

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 the reason for sentencing of Article 62-2 of the Criminal Act is recognized, and the fact that there is no previous conviction exceeding the fine is favorable to the defendant.

On the other hand, the fact that blood alcohol concentration is high, traffic accident is caused, and the fact 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.