A defendant shall be punished by imprisonment for not more than ten 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 October 2, 2006, the Defendant received a fine of KRW 2 million from the Jeju District Court as a crime of violation of the Road Traffic Act (driving) and a fine of KRW 4 million from the Incheon District Court on March 26, 2015 as a crime of violation of the Road Traffic Act (driving).

On May 18, 2019, at around 05:02, the Defendant driven Cro-ray car over about 300 meters from the road located in Seocheon-si to B in Seocheon-si while under the influence of alcohol content of 0.106%.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Notification of the results of the control of drinking driving, the report on the state of drinking drivers' standing statement, investigation report (report on the state of drinking drivers), and the report on the state of drinking driving;

1. Previous convictions indicated in judgment: Criminal records, investigation reports (Attachment of a summary order), and application of each summary order statutes;

1. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for a crime;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Taking account of the fact that the Defendant again committed the instant crime even though the Defendant had the same military force several times, and the blood alcohol concentration exceeds 0.106%, the Defendant’s liability for the crime is not somewhat weak.

However, considering the fact that the defendant is against himself and has no record of punishment exceeding a fine, the contents, time and frequency of the same criminal records, circumstances after the crime, the age, character, conduct, family relationship, economic circumstances, etc. of the defendant, the punishment as the order shall be determined in the same manner as the order is comprehensively taking into account.