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 June 17, 2010, the Defendant received a summary order of KRW 1,500,000 for a fine of KRW 1,500,000 for a violation of the Road Traffic Act (driving) from the Cheongju District Court on November 11, 2016, and received a summary order of KRW 1,50,000 for a fine of KRW 1,500 for a violation of the Road Traffic Act (driving) from the Cheongju District Court on November 2016, and on January 20, 2017, the same court received a summary order of KRW 5 million for a violation of the Road Traffic Act (driving).

【Criminal Facts】

On May 23, 2019, around 08:20 on May 23, 2019, the Defendant driven Epoter vehicle while under the influence of alcohol concentration of about 0.061% in the section of approximately 5km from the upper street in front of the Yacheon-si to the front street in the Yacheon-si. D.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the situation of a drinking driver, investigation report (report on the circumstances of a drinking driver), and inquiry into the results of the crackdown on drinking driving;

1. Criminal records: Criminal records, inquiry reports, investigation reports (verification reports on the same kind of drinking power), and application of Acts and subordinate statutes in Part III of a summary order;

1. Relevant Article of the Act and Article 148-2 (1) 1 of the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018; hereafter the same shall apply in force on June 25, 2019) concerning the crime;

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 extenuating circumstances among the reasons for sentencing);

1. The sentencing conditions indicated in the records, such as the defendant's age, occupation, character and conduct, family relationship, and circumstances before and after the crime, shall be determined as ordered by considering the reasons for sentencing under Article 62-2 of the Criminal Act.

An unfavorable circumstance: A person has been punished three times by a fine for a violation of the Road Traffic Act between 2010 and 2017.

The favorable circumstances: Recognizing mistakes.