A defendant shall be punished by imprisonment with prison labor for up to 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 July 28, 2014, the Defendant issued a summary order of a fine of KRW 3.5 million at the Changwon District Court due to a violation of the Road Traffic Act (driving). On March 26, 2019, the Defendant received a disposition of suspension of indictment for a violation of the Road Traffic Act at the head office of the original District Prosecutors' Office (Maternal Driving).

On May 23, 2019, at around 03:34, the Defendant driven a motor vehicle with Centhin in a state of alcohol alcohol concentration of about 0.108% at the front of the public parking lot located in the Changwon-si Busan Metropolitan City, Seowon-si, Seoul Metropolitan City, with approximately 2.5km from the front of the Changwon-si, Masan-si, Masan-si, Seoul Metropolitan City.

Accordingly, the Defendant, who violated the prohibition of driving a motor vehicle, etc. at least twice under the influence of alcohol, once again driven a motor vehicle under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Report on the situation of running a motor vehicle under the influence of alcohol;

1. Previous records before ruling: Application of criminal records, repeated statements, investigation reports (verification as to whether they fall under the previous records on at least two occasions);

1. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 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 repeated in favor of the reasons for sentencing);

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

1. Scope of applicable sentences under law: Imprisonment with prison labor for up to six months up to one year and six months;

2. Non-application of the sentencing criteria: The sentencing criteria are not set.

3. The fact that the Defendant, who was sentenced to a sentence, seems to have been in the actual driving time until the blood alcohol concentration was measured after drinking, appears to have been higher in the value at the time of actual driving, the Defendant is found to have been discovered twice due to drinking driving (the punishment of a fine in 2014 and the suspension of indictment in 2019), the Defendant has the criminal records of two times other than the above previous criminal records, but has no criminal records, and other matters.