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 of the final judgment.

Punishment of the crime

[criminal power] On September 10, 2008, the Defendant was sentenced to a fine of 1.5 million won for a violation of the Road Traffic Act (driving) in the Seocho District Court’s early branch court located in Chuncheon District on September 10, 2008, and on May 25, 2012, the above court was sentenced to a suspended sentence of two years for a year for a violation of the Road Traffic Act (driving).

【Criminal Facts】

At around 01:40 on November 7, 2018, the Defendant driven a FM5 car in the state of alcohol alcohol concentration of about 0.161% from the 1k section of approximately 1km from the Cmaart adjacent to the Cmaart in Seocho-si, Seocho-si, Seoul, to the D apartment E-dong parking lot.

Accordingly, the defendant, who violated the prohibition of drinking driving more than twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of a drinking driver, investigation report (report on the circumstances of a drinking driver), notification of the results of crackdown on drinking driving, and the next inquiry;

1. Previous convictions indicated in the judgment: Criminal history records, inquiry reports, confirmation of the same kind of power, judgment, and application of Acts and subordinate statutes governing summary orders;

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. 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 under Article 62-2 of the Criminal Act requires that the defendant repeatedly commits the same kind of crime: Provided, That the punishment as the order shall be determined in consideration of all the sentencing conditions, including the fact that the defendant acknowledges the mistake and reflects it;