A defendant shall be punished by imprisonment for not more than ten 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 August 23, 2013, the Defendant received a summary order of KRW 5 million from the Incheon District Court to a fine of KRW 1 million, and on August 13, 2007, the Incheon District Court issued a summary order of KRW 4.5 million to a fine of KRW 4.5 million due to a crime of violation of the Road Traffic Act.

On May 10, 2019, the Defendant, while under the influence of alcohol on May 10, 2019, driven a Maz car from approximately 600 meters away from the Seoul Mapo-gu Seoul Metropolitan City B market to the Seoul Mapo-gu Parking Lot.

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. Defendant's legal statement;

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

1. Previous convictions indicated in judgment: Application of criminal records, reply reports, investigation reports, and Acts and subordinate statutes;

1. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for a crime;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., circumstances favorable to the following reasons for sentencing):

1. Article 62 (1) of the Criminal Act (recognition of the favorable circumstances among the reasons for sentencing following the suspended sentence);

1. The reason for sentencing of Article 62-2 of the Criminal Act regarding community service and order to attend a lecture [unfavorable circumstances] The Defendant, who was punished by a fine three times in the past due to drinking driving, was also driving under the influence of alcohol.

At the time of the instant crime, blood alcohol concentration is very high.

[Ligue circumstances] The defendant is against the defendant's confession of the crime of this case.

No additional damage has occurred.

The distance of the vehicle is not along.

There is no record of punishment exceeding the fine for the same crime, and the criminal records punished for the immediately preceding drinking operation of this case are about six years, and they are between them.