A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date of the final judgment.

Punishment of the crime

[criminal power] The Defendant was issued a summary order of a fine of seven million won in the Gunsan Branch of the Jeonju District Court on October 29, 201, a fine of two million won in the Red Branch of the Daejeon District Court on December 9, 201, a fine of one million won in the Jeonju District Court on December 17, 2008, and a fine of one million won in the Gunsan Branch of the Jeonju District Court on August 5, 2003.

【Criminal Facts】

On February 13, 2019, around 22:53, the Defendant driven a D Eccoo motor vehicle under the influence of alcohol content of 0.089% at the 1km section from the front of the Jeju store located in the next city B to the same city, and from approximately 289 to the front of the National Health Insurance Corporation, the Defendant driven the D Ecoo motor vehicle under the influence of alcohol content of 0.089%.

Therefore, even though the Defendant was punished twice or more due to drinking driving, the Defendant was under the influence of re-driving the vehicle as above.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver and report on the control of drinking driving;

1. Previous convictions indicated in judgment: Application of criminal records, inquiry reports, and criminal investigation reports (a summary order of the same kind of power);

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. Even though the defendant had been punished once due to drinking alcohol, drinking and unlicensed driving even before the sentencing of Article 62-2 of the Criminal Act, the defendant cannot choose imprisonment with prison labor considering that he/she had been punished three times due to drinking alcohol, and that he/she did not have the blood alcohol concentration.

However, where the defendant is sentenced to imprisonment with prison labor or more, the registration of a certified tax accountant becomes revoked for a certain period of time to lead an economic life, has not been punished heavier than a fine, and the surrounding persons appeal the defendant's preference, and the defendant's age, character and conduct, family relationship, etc. shall be determined as the same as the disposition.