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 August 31, 2009, the Defendant received a summary order of KRW 700,000 from the Incheon District Court to a fine of KRW 700,000 as a crime of violation of the Road Traffic Act, and a summary order of KRW 1,50,000 as a fine from the Incheon District Court to the same crime on January 30, 2012.

Although the Defendant had been punished twice or more as above, on May 31, 2019, the Defendant driven a DNA rocketing car under the influence of alcohol content 0.177% from the 4km section from May 31, 2019 to the roads of “C” located in the same Gun from the 4km section from the 0.177% “C” in the same Gun.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement in the circumstances of an employee;

1. Previous records before ruling: Application of criminal records, inquiry reports, and investigation reports (report on confirmation of the same type of suspect records)-related Acts and subordinate 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 (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. The main sentence of Article 62-2 (1) and (2) of the Criminal Act on Probation;

1. The reason for sentencing Article 62-2(1) of the Criminal Act and Article 59 of the Act on Probation, etc., committed a second offense even though the defendant was punished three times for the same crime including the records in the judgment, and the drinking water in this case is high.

The defendant's liability is not minor.

However, the defendant had a substitute driver in Incheon after the awareness of the workplace, but the substitute driver was operated only before the reinforcement military office, and the driver was driving the vehicle on his own due to the end of the business of the company.

As above, there are circumstances to be considered.

The defendant is currently divided into his own mistake in depth, and the company who has worked for the reason that it is difficult to get to and off from work due to public transportation was withdrawn from his work.

Criminal records of the suspension of execution of imprisonment with prison labor or more.