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 a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal history] The Defendant was sentenced to a fine of KRW 5 million on December 24, 2010 for a crime of violating the Road Traffic Act (driving alcohol) at the Goyang Branch of the Jung-gu District Court on December 24, 2010, and the same court issued a summary order of KRW 2.5 million for the same crime on April 21, 2017.

[Criminal’s Facts of crime] On August 16, 2018, the Defendant driven B Spo-type car under the influence of alcohol content of about 0.094% during blood at approximately 500 meters from the front day of the parking lot of the same 1273-3 and GS25 city from the ground parking lot of the same 8-dong Dong-dong, Yongsan-gu, Gyeonggi-gu, Gyeonggi-gu, Seoul-do to the high city around 13:10.

Summary of Evidence

1. Statement by the defendant in court;

1. Response to a request for appraisal;

1. Report on detection of a primary driver (the result of blood collection);

1. Records of violation of judgment: Application of inquiry letter, such as criminal history, (A) and Acts and subordinate statutes to report on investigation (verification of the same type of force);

1. Relevant legal provisions and Articles 148(1)1 and 44(1) of the Road Traffic Act regarding criminal facts and selective punishment (the selection of imprisonment, the same kind of crime record, in particular, as long as punishment was imposed in 2017). In this case, consideration of alcohol concentration in blood in the instant case is given;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. An order to attend a course under Article 62-2 of the Criminal Act;