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

On November 19, 2013, the Defendant was sentenced to suspension of indictment for a violation of the Road Traffic Act (drinking driving) at the Public Prosecutor's Office of Cheongju District on the ground of a violation of the Road Traffic Act, and on March 9, 2017, the Defendant was issued a summary order of a fine of three million won for a violation of the Road Traffic Act at the Public Prosecutor's Office of Cheongju District on the ground of a violation of the Road Traffic Act (drinking driving) at the Public Prosecutor's Office

On June 6, 2018, at around 03:55, the Defendant driven BMW car with approximately 20 meters alcohol concentration 0.152% under the influence of alcohol on the part of approximately 53 meters from the road front of the Handong-gu Handong-gu Handong-si, Cheongju to the private-distance Pool road located in 53 as the same Gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Investigation report (report on the situation of the driver in charge); and

1. Response to a request for appraisal;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and Acts and subordinate statutes on criminal investigation reports (whether a person falls under the category of relationship under drinking driving);

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The punishment as ordered shall be determined by comprehensively taking into account the following circumstances of sentencing under Article 62-2 of the Criminal Act, including Defendant’s age, occupation, sex, family relationship, and circumstances before and after the commission of the crime:

At the time of the crime of this case, the amount of alcohol concentration among the blood of the defendant was very high, the defendant confessions that he had been punished twice due to driving under the previous influence of alcohol and reflects that he has no record of punishment more than the suspension of execution.