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 a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal history] On February 6, 2009, the Defendant was issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act (driving alcohol) at the Suwon Friwon, and a summary order of KRW 2 million for the same crime was issued on July 18, 2014 from the Sungnam branch support of Suwon Friwon Friwon, respectively.

[2] On August 19, 2018, Defendant 1, who violated the provision prohibiting the driving of alcohol twice or more, driven CM6 vehicle under the influence of alcohol with approximately 0.124% alcohol concentration around about 1k-distance 132 in the middle of the sperm dong in Sungnam-si, Sungnam-si, with the same yellow새 132, from the roads near the sperm dong in the same Gu to the roads near the sperm 27-gil.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement of D and E;

1. A report on actual conditions, a report on occurrence, a drinking Stick, and a report on the circumstances;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report on investigation (prior convictions in the same case);

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for the sentencing of Article 62-2 of the Criminal Act on community service and lecture attendance order;

1. Prosecutor’s opinion - One year of imprisonment;

2. Determination - Imprisonment shall be chosen in consideration of six months of imprisonment, and two years of probation, the criminal defendant's history of drinking driving over several times.

However, the amount of punishment shall be reduced by taking into account favorable circumstances, such as the defendant's confession, the fact that the defendant has no record of crime exceeding the fine, the fact that the defendant sells the defendant's automobile, etc., by taking into account the defendant's age, sex, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., and the various sentencing conditions specified in Article 51 of the Criminal Act as stated in the records and arguments, such as the defendant's age, sex, environment