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 February 19, 2008, the Defendant was issued a summary order of KRW 500,000 by the Incheon District Court as a crime of violation of the Road Traffic Act, and on July 26, 2010, the Defendant was issued a summary order of KRW 2,50,000 as a fine for a violation of the Road Traffic Act from the Gunsan Branch of the Jeonju District Court.

At around 21:30 on February 21, 2019, the Defendant driven a D rocketing car from approximately 1 km to the front road near the gas station located in Jinjin-si, Si/Eup/Myeon under the influence of alcohol content of 0.186%, despite the fact that the Defendant had driven two or more times as above, in a state of alcohol alcohol concentration of 0.186%.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the actual condition survey report, on-site photographs, reports on the actual state of a drinking driver, and the results of the regulation of drinking driving;

1. Criminal records, inquiry reports, and application of summary order-related Acts and subordinate statutes;

1. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 15530, Mar. 27, 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 punishment as ordered shall be determined in full view of all the circumstances including the defendant's age, character and conduct, environment, family relationship, circumstances after the crime, etc., although the defendant's drinking level is reasonable for the reason of sentencing under Article 62-2 of the Criminal Act, the defendant's age, character and conduct, family relation, circumstances after the crime is committed, etc.