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

The defendant was sentenced to a fine of 700,000 won by the Incheon District Court on August 29, 2007 as a violation of the Road Traffic Act (driving) and a fine of 2 million won by the Seoul Central District Court on January 5, 2009.

Although the Defendant violated Article 44(1) of the Road Traffic Act more than twice, on January 16, 2019, at around 23:58, the Defendant driven a motor vehicle under the influence of alcohol concentration of 0.149% while under the influence of alcohol level of 0.149% from the front of the Guri Police Station 359 Guri-ro, Siri-si, Siri-si, riri-si, riri-si, riri-si, 50.

Summary of Evidence

1. Defendant's legal statement;

1. 112 Declarations, reports on the handling of cases, reports on the statement of the state of drinking drivers, and notification of the results of the regulation of drinking driving;

1. Previous convictions indicated in judgment: Criminal records, reply reports (A) and application of Acts and subordinate statutes to investigation reports (verification of the same type of suspect cases);

1. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 15530, Mar. 27, 2018); the choice of imprisonment for a crime;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. The scope of punishment by law: Imprisonment for six months to one year and six months;

2. No sentencing criteria shall be set;

3. The Defendant, while under the influence of alcohol content 0.149%, driven a car at about 2 km under the influence of alcohol with a blood alcohol content.

The defendant has been punished for a violation of the Road Traffic Act (driving) after the lapse of 2007 and around 2009, and there are no other criminal records.

Various sentencing conditions shown in the records and arguments of this case, such as blood alcohol concentration, driving distance, contents of previous punishment records and intervals therewith, and other age, character and conduct, family relationship, motive and means of crime, and circumstances after crime, and probation is suspended for one year.