A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal power] On April 12, 2010, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act (driving) at the Changwon District Court on April 12, 201, and a fine of two million won for a violation of the Road Traffic Act (driving) at the Seoul Southern District Court on October 14, 201.

【Criminal Facts】

On March 13, 2019, the Defendant: (a) while under the influence of alcohol with 0.056% of blood alcohol concentration on 23:55, the Defendant: (b) and driven a vehicle B at approximately 500 meters away from the front road of the 491 Sungnam-gu, Sungnam-gu, Sungnam-gu, to the front road of the 00-lane 1st intersection of the same Gu.

Accordingly, the defendant, who has been punished twice as a violation of the Road Traffic Act (driving) and driving a motor vehicle again under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of driving under the influence of alcohol, and inquiry into the results of the control of drinking driving;

1. A report on the actual state of the driver;

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

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The defendant of the reason for sentencing under Article 62-2 of the Criminal Act, even though he had a previous record of drunk driving on two occasions, has again passed a sentence of imprisonment in consideration of the danger of drunk driving, etc.

However, considering the fact that the defendant reflects his mistake, there is no previous conviction exceeding the fine, the blood alcohol content is relatively high, and the driving distance is not remote, the defendant's age, character and conduct, environment, criminal records, criminal records, circumstances after the crime, etc., and all of the sentencing conditions specified in the arguments of this case, such as the defendant's age, character and conduct, criminal records, criminal records, circumstances after the crime, etc., the punishment shall