A defendant shall be punished by imprisonment for six months.

except that 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 July 16, 2007, the Defendant was sentenced to a summary order of a fine of 1.5 million won by committing a violation of the Road Traffic Act in the Incheon District Court on July 16, 2007, and a person who was sentenced to a summary order of a fine of 1.5 million won by receiving a summary order of a fine of 1.5 million won by the same crime from the wooden Branch of the Gwangju District Court on November 11, 2016.

Nevertheless, at around 02:51 on October 17, 2018, the Defendant driven a FM5 car with a blood alcohol concentration of 0.063% from the 1km section from the funeral hall parking lot of the C Hospital located in Sinpo City B to the shooting distance of the E elementary school located in Sinpo City D.

As a result, the defendant was punished for the violation of the Road Traffic Act more than twice, but driving a motor vehicle again under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to reports on the statement of the status of a drinking driver, and investigation reports;

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

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