A defendant shall be punished by imprisonment with prison labor 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

[criminal power] On April 30, 2010, the Defendant was sentenced to a summary order of KRW 2.5 million for a violation of the Road Traffic Act (driving) at the Sungnam Branch of Suwon District Court on April 30, 201, and was sentenced to a summary order of KRW 5 million for a violation of the Road Traffic Act (driving) at the Suwon District Court on September 28, 201, and was sentenced to a summary order of KRW 5 million for a violation of the Road Traffic Act (driving).

【Criminal Facts】

Although the Defendant had been able to violate the provision on the prohibition of drinking alcohol driving under the Road Traffic Act two or more times, around October 07, 2018, at around 00:10, the Defendant driven a motor vehicle by Embly under the influence of alcohol with approximately 0.11% of alcohol level from the front of the “Ccafeteria” road located in Seo-gu Gwangju, Seo-gu, Gwangju to the same front road.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiries about the result of crackdown on drinking driving;

1. Previous convictions in judgment: Application of inquiries, such as criminal records, and of Acts and subordinate statutes attached to summary order;

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. As stated in the reasoning of sentencing in Article 62-2 of the Criminal Act, the Defendant had the record of having been sentenced to a fine twice due to drunk driving, and around 2010, there was a history of having been sentenced to a fine once due to a violation of the Road Traffic Act (refluence of measurement), and there was no personal injury. However, even if there was a traffic accident leading to the occurrence of the instant crime, even if considering the circumstances asserted by the Defendant and his defense counsel, it is difficult to choose a fine up to once due to the corresponding punishment for the Defendant’s act, even if considering the circumstances asserted by the Defendant and his defense counsel, and thus,

In addition, the blood alcohol concentration, the background of the drunk driving, the distance and place of the drunk driving, the age, character and behavior, environment, circumstances after the crime, etc. of the defendant.