A defendant shall be punished by imprisonment for six months.

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

On March 19, 2009, the Defendant issued a summary order of KRW 700,000 as a fine for a violation of road traffic law (drinking driving) in the support of the Suwon Friwon method, and on July 29, 2014, the Seoul Northern District Court issued a summary order of KRW 1 million as a fine for a violation of road traffic law (drinking driving) at the Seoul Northern District Court.

Criminal facts

around 05:14 September 15, 2018, the Defendant driven a DSS5 car while under the influence of alcohol concentration of 0.090% in blood at approximately 20 meters from the road in front of Gwangjin-gu Seoul Special Metropolitan City.

As a result, the Defendant again driven a motor vehicle while under the influence of alcohol, who violated the prohibition of drinking at least twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver driving a drinking, notification of the results of crackdown on drinking driving, details of crackdown, and inquiry about the results of crackdown on drinking driving;

1. A report on investigation (revision of vehicle distance);

1. Previous convictions in judgment: Application of an inquiry letter, investigation report (the same kind of force) and other relevant Acts and subordinate statutes;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act on the part of the defendant was that the defendant driven a vehicle while under the influence of alcohol, even though he was subject to criminal punishment twice (two times a punishment) due to driving under drinking, and the criminal liability of the defendant is not weak.

However, the circumstances favorable to the defendant include the fact that the defendant recognized the crime of this case and reflected his mistake, the distance of driving drinking was relatively short, and the fact that there was no record of criminal punishment exceeding the fine during that period.

In the above circumstances, the records and trials of this case, such as the defendant's age, sexual conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime, are revealed.