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

[criminal power] On October 21, 2016, the Defendant issued a summary order of KRW 1.5 million at the Seoul Central District Court for the crime of violation of the Road Traffic Act, and a summary order of KRW 4 million for the crime of violation of the Road Traffic Act at the Sungnam Branch of Suwon District Court on August 29, 2017.

【Criminal Facts】

On February 22, 2019, at around 23:57, the Defendant driven a DNA car under the influence of alcohol level of about 30 meters from the ground parking lot in front of the building in Seongbuk-gu, Sungnam-si to the roads adjacent to the Crinam-si, Sungnam-si, and at around 0.067% of alcohol level.

As a result, the Defendant again driven a motor vehicle while under the influence of alcohol, as a person who violated the prohibition of drunk driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report ( Results of suspect telephone investigation);

1. Report on the circumstances of driving under the influence of alcohol, inquiry report on the control of driving under the influence of alcohol, and circumstantial statement of the drinking driver;

1. Inquiry into the enemy;

1. Previous convictions in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports ( Results of confirmation of the same criminal records);

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

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

1. Article 62 (1) of the Criminal Act (Consideration of favorable circumstances, etc. among the reasons for sentencing following the suspended sentence);

1. The normal drinking operation disadvantageous to the reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is not only a crime that may pose a danger to traffic order by itself, but also cause serious personal and material damage, such as the occurrence of traffic accidents.

As the statutory penalty for the violation of the Road Traffic Act (driving) is recently raised and revised, there is a consensus on the necessity of strengthening the punishment for driving under the influence of alcohol.

The Defendant was punished by a fine on driving under influence of alcohol in 2016 and 2017, but is again punished.