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

On March 15, 2010, the Defendant received a summary order of KRW 1.5 million from the Ulsan District Court to a fine for a violation of the Road Traffic Act, and a summary order of KRW 4 million from the same court on August 25, 2014 to a fine for the same crime, respectively.

On March 28, 2019, at around 21:10, the Defendant driven a BNS car while under the influence of alcohol with a 0.15% alcohol concentration on the road at the 1m section adjacent to the Seodong-gu Seoul Metropolitan City, Chungcheongnam-gu, Seoul Metropolitan City (Seoul Metropolitan City) under the influence of alcohol.

As a result, the Defendant again driven a motor vehicle while under the influence of alcohol in violation of the Road Traffic Act prohibition provisions.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements in C and D;

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

1. On-site photographs, investigation reports (related to CCTV images around the vehicle under influence), CCTV caps and photographs at the time of control after a drunk driving;

1. Investigation report (Hearing police officers' telephone calls and statements);

1. Investigation report (Calculation of blood alcohol concentration);

1. Records of judgment: The application of references to criminal records and statutes;

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 1 and 44 (1) of the former Road Traffic Act (wholly amended by Act No. 16037, Dec. 24, 2018);

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. Probation, community service order and education order under Article 62-2 of the Criminal Act show that the defendant has led to the crime of this case and has been repented, three times the defendant has been punished by a fine for the same kind of drinking driving, and the defendant's age, character and behavior, environment, motive, means and consequence of the crime, etc. at the time of the defendant's occurrence of the records, including the degree of blood alcohol concentration and values, the distance of drinking driving, and other circumstances shown in the records, such as the defendant's age, character and behavior