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

On December 18, 2007, the Defendant received a fine of one million won or more due to a violation of the Road Traffic Act from the Jung-gu District Court on December 18, 2007, and the same court on November 26, 2013 and received a summary order of one million won or more as a fine for the same crime at the same court on at least two occasions.

Although the Defendant violated Article 44(1) of the Road Traffic Act more than twice, on September 30, 2018, at around 02:20, the Defendant driven a DNA car under the influence of alcohol content of about 0.051% in a section of about 6km from September 30, 2018 to the roads in front of the two stations located in the Southern East-si, Yangju-si.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the state of drinking drivers, and inquiry into the results of the control of drinking driving;

1. Previous convictions indicated in judgment: Application of criminal history records, inquiry reports (A), and Acts and subordinate statutes;

1. The statutory penalty under Article 148-2(1)1 of the Road Traffic Act is also the same as the statutory penalty under Article 148-2(2)1 of the Road Traffic Act and Article 148-2(1)1 of the former Road Traffic Act (amended by Act No. 15530, Mar. 27, 2018) in light of the following: (a) the Defendant’s blood alcohol content is 0.051%; (b) the Defendant’s blood alcohol content is merely 0.051%; and (c) all the facts charged are regulated and punished by the previous driving.

Even if there is no substantial disadvantage in exercising the defendant's right of defense.

Sub-paragraph 1, Article 44(1), Selection 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. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. The scope of applicable sentences under law: Imprisonment for six months to one day on June 2;