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

[criminal power] On May 2, 2013, the Defendant received a summary order of KRW 4 million from the Incheon District Court to a fine of KRW 5 million, and a summary order of KRW 2.5 million from Jun. 5, 2017 to the Suwon District Court's Ansan Branch as a crime of violation of the Road Traffic Act.

【Criminal Facts】

Although the Defendant had been punished for drunk driving twice or more as above, on May 27, 2019, at around 05:26, the Defendant driven CM5 vehicles under the influence of alcohol with a blood alcohol concentration of 0.184% from an insular section from May 27, 2019 to the roads in front of the same Gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the control results of drinking driving, and report on the circumstantial statement of a drinking driver;

1. Previous records before ruling: Application of Acts and subordinate statutes, such as criminal history records, investigation reports, summary orders, etc.;

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. 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 under Article 62-2(1) of the Criminal Act, despite the fact that the Defendant had been punished for drunk driving on two occasions, was again engaged in the instant drunk driving, and the elements for the unfavorable sentencing, such as the fact that the Defendant had a high blood alcohol level at the time of the instant drunk driving, and the Defendant’s mistake, and the favorable sentencing factors, such as the fact that there was no record of punishment heavier than the fine, and other favorable sentencing factors, including the Defendant’s age, character and behavior, environment, family relationship, motive and consequence of the crime, and the circumstances that are conditions for the sentencing specified in the pleadings of the instant case, such as the following circumstances.