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 March 10, 2008, the Defendant was sentenced to a fine of one million won as a crime of violating the Road Traffic Act in the Incheon District Court's Busan District Court's Busan Branch on March 10, 2008, and a fine of two million and five million won as a crime of violating the Road Traffic Act (driving) at the Incheon District Court on November 26, 201.

On February 7, 2019, at around 00:40, the Defendant driven a FNEW EF rocketing car under the influence of alcohol concentration of approximately 0.177% at a section of approximately 90 meters from the C Association parking lot to the roads in the same Gu as D, from around 00:47 the same day.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstantial statements of a drinking driver, and inquiry into the results of the control of drinking driving;

1. Previous records before ruling: Application of criminal records, reply reports, investigation reports, and Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reasons for sentencing under Article 62-2 of the Criminal Act include the elements of unfavorable sentencing, such as the fact that the Defendant had been punished for drunk driving on two occasions, and the distance of the Defendant’s driving is relatively not long, the Defendant’s mistake is against himself/herself, and there is no record of being punished more severe than the fine, and other favorable sentencing factors such as the Defendant’s age, character and behavior, environment, family relationship, motive and consequence of the crime, and circumstances that are conditions for sentencing specified in the argument of the instant case, including the circumstances after the crime.