A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Punishment of the crime

[criminal history] On July 13, 2015, the Defendant was issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act in the Daegu District Court and Racing Support, and on April 11, 2016, issued a summary order of KRW 4 million for the same crime.

[Criminal facts] On June 3, 2018, the Defendant driven a Y-W-D car from the front of the Defendant’s residence in the racing-si, Seocheon-si, Seocheon-si to the front road of the access road for the exclusive use of motor vehicles between YY-Y-Y-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k

Accordingly, the Defendant again driven a motor vehicle while under the influence of alcohol in violation of the prohibition on driving under the Road Traffic Act, as a person who has violated the prohibition on driving under the same influence.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Notification of the results of regulating drinking driving;

1. The application of the Act and subordinate statutes to inquiries, such as criminal history;

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. As to the reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence, the punishment shall be determined by comprehensively taking account of the various circumstances that serve as the conditions for sentencing specified in the records and pleadings of the instant case, including the Defendant’s age, sex behavior, motive, driving distance, and the situation after the crime, etc., such as the following: (a) the Defendant’s confession of and reflect against the instant crime; (b) there is no history of criminal punishment exceeding the fine; (c) depressions; and (d) the disadvantageous circumstances (the degree of alcohol concentration in blood during the instant crime at the time of the instant crime; and (e) the Defendant has a history of two times criminal punishment