A defendant shall be punished by imprisonment for six months.

except that 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 October 11, 2007, the Defendant issued a summary order of KRW 1,00,000 as a fine for a violation of the Road Traffic Act (driving) at the Seog Branch of the Daegu District Court, from the Seog Branch of the Daegu District Court on April 15, 2009 to a fine of KRW 1,00,000 for a violation of the Road Traffic Act (driving) on more than two occasions.

【Criminal Facts】

At around 22:55 on January 31, 2019, the Defendant driven C rocketing car with approximately 30 meters alcohol concentration 0.149% under the influence of alcohol in the blood alcohol concentration in the public parking lot B, Seogu, Daegu.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the occurrence of a traffic accident, report on the actual condition, report on the statement of the state of a drinking driver, report on the results of the drinking driving control, and inquiry into the results of the drinking driving control;

1. Previous convictions indicated in his/her judgment: Criminal records, investigation reports (verification of persons subject to the three-dimensional running system), and application of Acts and subordinate statutes governing summary orders;

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 1 and 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018);

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is that the defendant has been punished three times by a fine for the same kind of crime, but the defendant also has a record of driving under drinking. The fact that the nature of the crime is not good is disadvantageous.

However, in light of the fact that the defendant led to the crime of this case, made a mistake divided, there is no record of punishment exceeding the fine, and there is no record of punishment for drinking driving after 2009, driving distance is short, and the punishment shall be determined as ordered in consideration of all the conditions of sentencing as shown in the arguments of this case, including the defendant's age, character and conduct, environment, family relationship, means and result of the crime, and circumstances after the crime.