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 May 11, 2009, the Defendant received a summary order of KRW 1,500,000 for a fine for a violation of the Road Traffic Act from the Hongsung branch of the Daejeon District Court on May 11, 2009, and from the same support on March 13, 2017, a fine of KRW 8 million for a violation of the Road Traffic Act.

【Criminal Facts】

On October 13, 2018, at around 15:46, the Defendant driven an Epoter vehicle under the influence of alcohol with approximately 300 meters alcohol concentration of 0.108% from the 300-meter section to the front road of “D” located on the roads of Chungcheongnam-gun Hong-gun.

As a result, the defendant has violated Article 44 (1) of the Road Traffic Act more than twice and has driven a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

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

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

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.

The favorable circumstances: The confession and reflect, the fact that there is no penalty force exceeding a fine, and the fact that there is no penalty force exceeding a fine: Two times (209, 2017), the fact that there is a history of punishment for drunk driving, and the fact that there is a high possibility of criticism for recidivism, and that there is a relatively high level of alcohol concentration in blood alcohol.