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 of the final judgment.

Punishment of the crime

[Criminal Power] On September 19, 2012, the Defendant was sentenced to a summary order of KRW 5 million due to a violation of the Road Traffic Act (driving) at the Seocho District Court’s early branch court located in Chuncheon on September 19, 2012, and on September 21, 2016, the same court was sentenced to a suspended sentence of two years for 10 months.

【Criminal Facts】

On November 25, 2018, around 09:47, the Defendant driven C motor vehicle under the influence of alcohol with approximately 6km alcohol concentration of 0.172% at a distance of about 0.172% from the front of the Seocho-si B apartment road to the front of the Jinsung-gun, Gowon-gun, Gowon-gun, Gowon-gun.

Accordingly, the defendant, who violated the prohibition of drinking driving more than twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the crackdown on drunk driving, the report on the situation of a drunk driver, investigation report, and the next inquiry;

1. Records before and after judgments: Criminal records, inquiry reports, investigation reports (Attachment to the same type of judgment, etc.), and application of statutes of the judgment;

1. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 15530, Mar. 27, 2018); the choice of imprisonment for a crime;

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

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

1. The reason for sentencing under Article 62-2 of the Criminal Act of the Order to Attend a lecture commits the same kind of crime again even though the defendant had a record of criminal punishment several times for the same crime, and the blood alcohol concentration of the defendant at the time of the instant case does not lower the number of the defendant's blood alcohol level: Provided, That the defendant's mistake is recognized, and the crime occurred after drinking alcohol and diving, etc., shall be determined as ordered in consideration of all the conditions