A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On November 17, 2008, the Defendant issued, respectively, a summary order of KRW 1.5 million at the Incheon District Court to a fine of KRW 1.5 million for a crime of violation of the Road Traffic Act, a fine of KRW 2 million at the same court on August 25, 201 as the same crime, and a fine of KRW 5 million at the same court on November 4, 2013 as the same crime.

Nevertheless, at around 23:53 on February 25, 2019, the Defendant driven a D-car while under the influence of alcohol, which is about 100 meters of blood alcohol concentration at around 0.076% from the 23:53, Seocheon-si B, Seoul to the front of the same city C.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, and report on the state of driving under drinking;

1. Previous convictions in judgment: Criminal history records, reply reports, and application of Acts and subordinate statutes to investigation reports;

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. 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 of Article 62-2 of the Criminal Act on the grounds of the order to provide community service and attend lectures is an offense in which the life of a person who is not only his/her own but also another person can be taken, and the criminal defendant has been punished three times due to the violation of the Road Traffic Act, but also the fact that he/she has been under the influence of drinking again is disadvantageous to the criminal defendant.

However, considering the circumstances favorable to the defendant, such as the fact that the defendant recognized the crime of this case and reflects the fact that there is no criminal history exceeding the fine, that the blood alcohol level was not high, that the driving distance was short, etc., the punishment as ordered shall be determined by comprehensively taking into account all the factors of sentencing specified in the records and arguments of this case, including the defendant's age, environment, character and conduct, motive and means of the crime, circumstances after the crime, etc., and the execution of the punishment shall be suspended only once.