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.

Punishment of the crime

On December 19, 2008, the Defendant was issued a summary order of KRW 700,000 as a crime of violating the Road Traffic Act (drinking driving) at a high-level district court around the Republic of Korea on December 19, 2008. On March 17, 2011, the Defendant was issued a summary order of KRW 2 million as a crime of violating the Road Traffic Act (drinking driving).

On April 7, 2018, the Defendant driven Cinep vehicle under the influence of alcohol concentration of approximately 0.092% from the 1km section at around 1km to the front roads where the same Si/Do and Dong are located in the Si/Gun/Gu, from the Geum-si, Sim-si.

As a result, the defendant was driving a motor vehicle under the influence of alcohol, even though he had a history of driving a motor vehicle more than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Application of an inquiry letter, such as criminal history, and an inquiry report (a brief attachment to an order) by statutes;

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. 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 suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The grounds for sentencing under Article 62-2 of the Criminal Act include the following: (a) the Defendant again committed the instant crime even though he/she had been subject to two times of criminal punishment due to the violation of the Road Traffic Act; (b) the Defendant, in the circumstances surrounding which the Defendant was driving at the time of the instant crime, has no special circumstances to consider; and (c) the driving of drinking is likely to cause serious damage to another person’s life, body, or property as well as to himself/herself; and (d) the need for the corresponding punishment.

However, the circumstances favorable to the defendant include the fact that the defendant recognizes the crime of this case and is against the defendant, and that there is no record of criminal punishment exceeding the fine.