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 February 11, 2010, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act in the Hongsung Branch of the Daejeon District Court, and a summary order of KRW 3 million for the same crime in the same court on March 30, 2016, respectively.

【Criminal Facts】 As above, the Defendant was a person who has been punished twice or more due to a violation of the Road Traffic Act (driving) and driven an Esch Rexton car with approximately KRW 2k alcohol concentration 0.127% under the influence of alcohol level from the front side of C in the Chungcheongnam-nam Budget Unit B to the same military apartment parking lot, around August 5, 2018.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the control of drinking driving, and report on the state of drinking drivers;

1. 112 reported case handling table;

1. Previous records: Application of criminal records, inquiry records, and copies of summary order Acts and subordinate statutes;

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

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

1. In full view of the circumstances following the reasons for sentencing under Article 62-2 of the Criminal Act and the Defendant’s age, character and conduct, environment, circumstances before and after the instant crime, the circumstances before and after the instant crime, and the circumstances of the crime, etc., the sentence as ordered shall be determined.

D. Unfavorable circumstances: The fact that the record of punishment for drunk driving is twice but there is a high possibility of criticism for recidivism and high risk of recidivism, the fact that the blood alcohol concentration is relatively favorable: the confession and reflect, and there is no penalty history exceeding the fine.