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 June 23, 201, the Defendant was sentenced to a fine of KRW 5 million for a violation of the Road Traffic Act, etc. in the Seosan Branch of the Daejeon District Court on June 23, 201, and on September 3, 2012, the same court was issued a summary order of KRW 5 million for a violation of the Road Traffic Act, and has the record of being punished twice or more for a crime of drinking.

Nevertheless, at around 14:10 on October 8, 2018, the Defendant driven a car with Fmea while under the influence of alcohol concentration of about 0.053% from the 1km section from C to E in the front road located in D to D.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, and report on the situation of drinking drivers;

1. Previous for judgment: Application of criminal records, inquiry reports, investigation reports (a copy of the summary order, etc. of the same type of power) and other Acts and subordinate statutes;

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 grounds for sentencing under Article 62-2 of the Criminal Act include: (a) the Defendant re-offending the same record despite the previous record of punishment; (b) the time gap between the past record and the instant crime; (c) the alcohol concentration in the blood of this case; and (d) the current reflects the Defendant’s age, occupation, character, conduct, family relationship; and (c) the conditions for sentencing indicated in the record, including the Defendant’s age, occupation