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 July 12, 201, the Defendant was issued a summary order of KRW 1 million for the crime of violating the Road Traffic Act in the Daegu District Court and the Defendant issued a summary order of KRW 5 million for the same crime in the Sungnam Branch of Suwon District Court on June 7, 2012.

【Criminal Facts】

On October 22, 2018, at around 23:57, the Defendant driven D Launa car while under the influence of alcohol concentration of about 0.132% from the 7km section to the front road of Yecheon-gun B apartment.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Report on the circumstantial statements of a drinking driver, and inquiry into the results of the control of drinking driving;

1. Investigation report (No. 3 No. 5 of the evidence list), internal investigation report (No. 5 of the evidence list);

1. Previous convictions indicated in judgment: Criminal history records, inquiry reports (No. 14 No. 14 of the evidence list), and application of Acts and subordinate statutes of two copies of summary orders;

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. 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 on the suspension of execution ( repeatedly considering the grounds for discretionary mitigation);

1. The reason for sentencing under Article 62-2 of the Criminal Act, even though the defendant had already been punished twice due to drinking driving, he/she again driven under drinking.

In this case, the blood alcohol concentration is considerably high.

In light of the background of the detection, the defendant was unable to drive normally as he was in a state of full-time.

The above is considered as an unfavorable circumstance.

However, it shall be considered in favor of the defendant that the defendant recognizes and reflects the crime.

The sentence shall be determined as per the disposition, comprehensively taking into account the same points as above, the age and family relations of the defendant, and the sentencing conditions shown in the arguments and records of the case.