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

On June 15, 2007, the Defendant received a summary order of KRW 2 million as a fine for a violation of the Road Traffic Act, and on December 30, 2010, at the same court, the Defendant received a summary order of KRW 4 million as a fine for a violation of the Road Traffic Act.

Although the Defendant violated Article 44(1) of the Road Traffic Act more than twice, on May 5, 2019, at around 23:15, the Defendant driven a F rocketing car with a blood alcohol content of about 0.096% under the influence of alcohol at approximately 300 meters from the 300-meter section to the E Park in Do Government-si D, E Park.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of state of drinking drivers, and notification of the results of the regulation of drinking driving;

1. Registers of driver's licenses;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (refence of repeated crimes and confirmation of the same kind of criminal records), judgments, search of Supreme Court cases, and application of Acts and subordinate statutes to the status of personal confinement;

1. Article 148-2 (1) 1 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); Article 152 subparagraph 1 and Article 43 of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the punishment imposed on a violation of the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. The scope of punishment by law: Imprisonment with prison labor for a period from six months to one year and six months;

2. Scope of recommending sentencing criteria: Non-establishment of sentencing criteria; and

3. The Defendant was punished for driving under the influence of alcohol on around 2004, driving under the influence of alcohol on around 2005, driving under the influence of alcohol on around 2007, driving under the influence of alcohol on around 2007, driving without the license on around 2008 and around 2009, and driving under the influence of alcohol and driving without the license on around 2010.

This defendant's blood alcohol concentration, driving distance, and previous punishment power.