A defendant shall be punished by imprisonment for 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] The Defendant was issued a summary order of a fine of two million won on April 8, 2010 by the Seoul Central District Court for a violation of the Road Traffic Act (drinking driving), and two million won on April 17, 2017 from the Sungnam branch of Suwon Friwon to the same crime.

[2] On October 18, 2018, the Defendant driven a B food car at approximately 100 meters section from the corporate bank parking lot located in the Yanpo-si Eup in Gyeonggi-si to the front road of the same Eup/Myeon, under the influence of alcohol content of around 01:10, the Defendant driven a b food car at the 100-meter section from the company bank parking lot located in the Yanpo-si Eup in Gwangju-si to the 1st road of the same Eup/Myeon.

As a result, the Defendant again driven a motor vehicle under the influence of alcohol even though the Defendant violated the Road Traffic Act more than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol, statement of the circumstances of the driver of drinking alcohol, investigation report (report on the situation of the driver of drinking alcohol);

1. Previous convictions in judgment: Application of an inquiry letter, investigation report (the same kind of force) and other relevant Acts and subordinate 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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate amount of punishment (see, e.g., Supreme Court Decision 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 2009Da10

1. Article 62 (1) of the Criminal Act ( repeatedly considering favorable circumstances);

1. Article 62-2 of the Criminal Act concerning community service and order to attend lectures;