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 February 28, 2008, the Defendant received a summary order of one million won as a crime of violation of the Road Traffic Act from the Ulsan District Court on February 28, 2008, and on September 25, 2008, the Defendant received a summary order of one million won as a crime of violation of the Road Traffic Act from the Suwon District Court's Ansan Branch on September 25, 2008.

On May 19, 2019, at around 00:48, the Defendant driven a Done Star car with a blood alcohol concentration of about 0.170% from around 300 meters to the road near Ulsan-gu Broteian, Ulsan-gu, Seoul-do, to the road near Curher, while under the influence of alcohol.

Accordingly, the defendant, who violated the prohibition of drinking driving more than twice, was driving a motor vehicle again in violation of the prohibition of drinking driving.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the drinking driving control, and the statement on the state of drinking drivers;

1. Previous convictions indicated in judgment: Application of criminal records and summary order statutes;

1. Articles 148-2(1)1 and 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 rationale for sentencing under Article 62-2 of the Criminal Act is to recognize the facts charged of probation and order to attend a lecture, the facts that the crime was committed after the lapse of ten years from the time of the crime of the last drunk driver’s previous offense, and the facts that there was no previous offense

On the other hand, the fact that blood alcohol concentration is high, and that two times before and after drinking is disadvantageous to the defendant.

In addition, the punishment shall be determined as ordered by taking into account various factors of sentencing, such as the defendant's age, environment and motive for crime.