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

[criminal power] On December 12, 2017, the Defendant received a summary order of KRW 1.5 million from the Incheon District Court to a fine of KRW 1.5 million for a violation of the Road Traffic Act, and on November 6, 2008, a fine of KRW 2 million for a violation of the Road Traffic Act from the Jung-gu District Court.

【Criminal Facts】

around 05:00 on October 20, 2018, the Defendant driven B K7 car under the influence of alcohol with approximately 2km from the distance of about 05:23 meters from the front of the main sports site in Ansan-si to the front of the same day from the day before the same day.

As a result, the Defendant violated the prohibition of drunk driving at least twice, and once again drives a motor vehicle while under influence of alcohol in violation of the above provision.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement statement and investigation report of the employer (the circumstantial report of the employer-employed driver);

1. Notification of the control of drinking driving;

1. Previous convictions indicated in judgment: Criminal records, previous records of disposition and report on results of confirmation (A), investigation report (Attachment of summary order of records of driving a suspect under influence of alcohol) and application of statutes;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

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

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

1. The reason for sentencing under Article 62-2 of the Criminal Act is relatively recent, including the punishment of a fine for drinking driving around December 2017, which was imposed on probation, community service order, and order to attend lectures three times.

In addition, the degree of the introduction is relatively severe, and there are criminal records of the suspension of the execution of imprisonment due to the crime of this type.

However, the attitude of the defendant to reflect the mistake seems to be.

There is no record of punishment of imprisonment or more severe punishment due to drinking driving.

The punishment as ordered shall be determined in consideration of such circumstances, the age, character and conduct, environment, etc. of the defendant.