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

On April 10, 2017, the Defendant issued a summary order of KRW 1 million as a crime of violating the Road Traffic Act at the Jeonju District Court on April 10, 201, and on December 12, 2017, the Defendant issued a summary order of KRW 2 million as a crime of violating the Road Traffic Act.

On February 24, 2019, at around 00:25, the Defendant driven an Eststren vehicle under the influence of alcohol concentration of about 0.069% from a 500-meter section from the front of Yansan-gu B to the front of D in the same Gu C, with the influence of alcohol concentration of about 0.069%.

Accordingly, even though the Defendant violated the prohibition of driving under the influence of alcohol not less than twice, he again driven a motor vehicle under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

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

1. Previous records of judgment: Criminal records, inquiry reports, criminal investigation reports (Attachment to a copy of judgment of a suspect A violating the Road Traffic Act) and application of Part II Acts and subordinate statutes to summary orders;

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 reason for sentencing of Article 62-2 of the Criminal Act on probation and order to attend a lecture, despite the fact that the defendant was sentenced to a fine twice due to drinking driving, was also driving under the influence of alcohol.

Considering the risk of drinking driving, it is necessary to strictly punish the accused.

However, considering favorable circumstances, such as the fact that the defendant does not repeat a crime, the fact that the defendant has no record of criminal punishment exceeding a fine, and the fact that the defendant appears to be responsible for living of his/her family members, the punishment as ordered shall be determined by comprehensively taking into account all the sentencing conditions, including the defendant's age, character and conduct, environment, motive and circumstance of the crime, and circumstances after the crime.