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 24, 2008, the Defendant was issued a summary order of KRW 1 million with a fine of KRW 1 million as a crime of violation of the Road Traffic Act (driving) at the Incheon District Court on March 24, 2008, and KRW 1 million with the Seoul East District Court on July 31, 2015, respectively.

On January 14, 2019, at around 21:34, the Defendant driven D QM5 car with approximately 150 meters alcohol concentration 0.15% while under the influence of alcohol from around 150 meters to the front road of Pyeongtaek-si.

Accordingly, the defendant, who violated the prohibition of drinking driving more than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the result of crackdown on drinking driving;

1. Application of Acts and subordinate statutes to criminal records, etc., inquiry reports, and investigation reports (attached to judgment);

1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, 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 sentence of Article 62-2(1) of the Criminal Act on the grounds of sentencing is imposed on the Defendant, who has been punished again due to drinking driving, etc. and again commits the instant crime. However, the execution of imprisonment is suspended in consideration of the fact that there is no criminal record exceeding a fine due to the future drinking driving, etc., and an incidental disposition is imposed to prevent recidivism.