1. The defendant shall be punished by imprisonment with prison labor for six months;

2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal power] On November 19, 2014, the Defendant was issued a summary order of a fine of four million won by committing a violation of the Road Traffic Act at the Suwon District Court on the grounds of a violation of the Road Traffic Act, and on April 11, 2018, the Defendant was issued a summary order of a fine of five million won by the above court on the same crime, and has a record of criminal punishment twice or more due to drinking driving.

【Criminal Facts】

At around 10:50 on November 2, 2018, the Defendant driven D K3 car while under the influence of alcohol with approximately 500 meters alcohol concentration of 0.181% from the front road of Suwon-si, Suwon-si to the front road of the same Gu C.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of E and a control field photograph;

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

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of suspect driving records);

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. 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 (The following consideration shall be made again for the reason of sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Order to Attend a lecture and the Order of Community Service [the scope of punishment] From six months to one year and six months of imprisonment (the decision of sentence] as follows, and the sentencing conditions indicated in the records, such as the defendant’s age, character and behavior, environment, motive and circumstances after the crime, etc. were considered as follows. The sentence was determined as ordered.

Unless the defendant is aware of the fact that he was punished twice due to a drunk driving, the defendant was driving his house under the influence of alcohol with a high level of alcohol alcohol without being aware of the fact that he had been punished twice by a fine.

The favorable circumstances show the attitude of recognizing one's own mistake, submitting a reply against each other, and selling the vehicle in possession and proof of alcohol.