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

[criminal power] On May 12, 2015, the Defendant was issued a summary order of a fine of three million won for a violation of the Road Traffic Act (driving) at the Gyeyang Branch of the Suwon District Court on May 12, 2015, and a fine of four million won for the same crime from the Busan District Court’s Branch Branch on October 4, 2016.

【Criminal Facts】

On May 22, 2019, the Defendant was under the influence of alcohol of 0.112% in blood alcohol concentration on May 22, 2019, and the Defendant driven a B SP car from a Do located in the 10-ro of Gyeonggi-do, the 10-ro of Gyeonggi-do to a road located in the 26-ro of the same city.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Notification of the control of drinking driving;

1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports and investigation reports (former and previous records);

1. Articles 148-2(1)1 and 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 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 grounds for sentencing under Article 62-2 of the Criminal Act; the term of punishment as ordered shall be determined by comprehensively taking account of the defendant's age, occupation, character and conduct, family relation, living environment, circumstances leading to the crime and other conditions of sentencing as shown in the records, such as the reason for sentencing under Article 62-2 of the Criminal Act;