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 May 21, 2012, the Defendant received a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act, from the Gwangju District Court’s Net Branch on May 21, 2012, and issued a summary order of KRW 3 million as a fine in the same court on September 9, 2015.

On April 14, 2019, at around 22:35, the Defendant driven an E Car under the influence of alcohol content of about 0.069% in the section of approximately 30 meters from the DV, which is located in the front of the Macheon City B apartment, to the front of the DV in the Net City C.

Accordingly, the defendant, even though he had the power to drive a vehicle while under the influence of alcohol at least twice, once again driven the vehicle while under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, and the circumstantial statement of a drinking driver;

1. Previous records of judgment: Criminal records, inquiry reports and application of Acts and subordinate statutes to investigation reports (verification of the same type of suspect records);

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. The sentencing of Article 62-2 of the Criminal Act requires various sentencing conditions as stated in the records and arguments of this case, including the criminal records of the defendant, the time interval with the previous drinking driving force, the degree of blood alcohol concentration of the defendant at the time of driving of this case, whether the accident occurred, the driving distance of the defendant, the reflectivity of the defendant, family relationship, etc., and determining the same sentence as the order.