A defendant shall be punished by imprisonment with prison labor for up to 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 history] On December 1, 2010, the Defendant received a summary order of KRW 2 million for a crime of violating the Road Traffic Act (drinking driving) from the Changwon District Court (Seoul District Court) on December 1, 2010. On February 25, 2016, the Defendant received a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking driving).

[2] Although Defendant 1 violated the prohibition of drinking alcohol driving on at least two occasions as indicated in the record of the above crime, Defendant 2 driven a car in Ctero under the influence of alcohol content of approximately 0.094% while under the influence of alcohol in approximately 500 meters from the front of the “Frandong” restaurant located on August 19, 2018 to the front of “Frandong comprehensive printing advertisement” located on the same 98-ro 00 meters in the same city, around August 25, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Previous conviction in judgment: Application of a reply to inquiry, such as criminal history, and a copy of a summary order;

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The sentencing conditions indicated in the records, such as the Defendant’s age, environment, motive, means and consequence of the crime, etc., shall be determined by taking into account the fact that there was a record of multiple punishment for the same kind of crime for sentencing under Article 62-2 of the Criminal Act, and the sentencing conditions indicated in the records after the crime was committed.