A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On February 9, 2010, the Defendant was sentenced to a suspended sentence of six months in Seoul Western District Court for a violation of the Road Traffic Act (LA) and two or more times on June 16, 2016 to a suspended sentence of eight months in Seoul Southern District Court for a violation of the Road Traffic Act (LA).

At around 16:20 on May 30, 2019, the Defendant driven C Launa car while under the influence of alcohol content of about 0.075% at a two-meter section of the commercial parking lot B in Goyang-gu, Youngyang-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement of D and E;

1. Traffic accident report, report on the circumstances of a drinking driver, and inquiry into the results of the crackdown on drinking driving;

1. Criminal records, inquiry reports, one copy of summary order, and the application of two copies of written judgments to Acts and subordinate statutes; and

1. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for a crime; the choice of a criminal sentence

1. The reason for sentencing under Articles 53 and 55(1)3 (C) of the Criminal Act for discretionary mitigation is that the Defendant committed the instant crime of the same kind, even though he had a history of criminal punishment four times due to the crime of violation of the Road Traffic Act (including the suspension of the execution of imprisonment), including the suspension of the execution of imprisonment, which is disadvantageous to the Defendant. The actual risk of driving under the influence of alcohol, such as causing an accident of shocking other vehicles parked while driving, is realized. The Defendant is not good after committing the crime, and the Defendant attempts to move into a convenience store after a police officer's drinking so as to take a drinking so as to avoid drinking, and the driving under the influence of alcohol is not only a crime that may cause serious damage to another person's life, body, or property, and there is a need for the punishment corresponding thereto.

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