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 April 5, 2010, the Defendant was issued a summary order of KRW 3 million with a fine of KRW 5 million due to a violation of the Road Traffic Act (driving) at the Chuncheon District Court. On September 20, 201, the Defendant issued a summary order of KRW 2 million with a fine of KRW 1 million due to a violation of the Road Traffic Act (driving) at the Seoul Central District Court on September 20, 201, and on July 12, 2016, the Defendant was issued a summary order of KRW 5 million with a fine of KRW 5 million with a penalty of violating the Road Traffic Act (driving) at the Seoul Central District Court

As above, the Defendant, who violated the duty of prohibition on driving under the influence of alcohol twice or more, did not obtain a driver’s license. On March 21, 2019, at around 05:45, the Defendant once once again driven a DNA car from the front side of Guro-gu Seoul to the front road of Guro-gu, Seoul, while under the influence of alcohol by 0.093% of alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report, the circumstantial statement of a drinking driver, the inquiry into the results of the control of drinking driving, and the ledger of permission on the surface of driving;

1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports and investigation reports (verification reports on suspect's drinking records);

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

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

1. Article 62 (1) of the Criminal Act;

1. Probation and community service order under Article 62-2 of the Criminal Act: The same type of punishment as the order shall be determined in consideration of the overall sentencing conditions shown in the pleadings of this case, such as the reason for the sentencing, the measurement of drinking alcohol, the previous and three times of a fine for drunk driving, the risk

It is so decided as per Disposition for the above reasons.