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 a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal history] On March 3, 2009, the Defendant was issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act at the Cheongju District Court Support on March 3, 2009, and the Defendant was issued a summary order of KRW 5 million for the same crime at the same court on January 20, 2014.

[2] On April 2, 2018, around 22:29, the Defendant driven B K5 vehicle under the influence of alcohol content at approximately 100 meters from a section of approximately 100 meters from the road in front of the North-west market in the Gu of Cheongju-si to the front bridge in the same Dong to the North-west market in the same Dong at the Gu of Cheongju-si.

Accordingly, the defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. Inquiries about the results of crackdown on drinking driving;

1. Criminal records: References to inquiries, such as criminal history, investigation reports (criminal records of the same kind), and application of each summary order statutes;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

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 stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The punishment as ordered shall be determined by comprehensively taking into account the following circumstances of sentencing under Article 62-2 of the Criminal Act: Defendant’s age, occupation, sex, family relationship, and circumstances before and after the commission of the crime, and other conditions of sentencing indicated in the records.

Unfavorable circumstances: A person who has been subject to a fine twice on March 200 and January 2014 due to a violation of the Road Traffic Act (driving).

On October 2014, there is a record of imprisonment with prison labor for 6 months or 2 years or suspended execution for a violation of the Road Traffic Act (non-licensed driving) or a violation of the Road Traffic Act (non-licensed driving).

The most advantageous condition: The alcohol concentration among blood is relatively high.