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 March 24, 2008, the Defendant was issued a summary order of KRW 2.5 million by a fine for a violation of the Road Traffic Act (driving) at the Sungnam Branch of Suwon District Court on March 24, 2008, and on March 9, 2017, the same court issued a summary order of KRW 2 million by a fine for a violation of the Road Traffic Act (driving).

【Criminal Facts】

On November 14, 2018, at around 23:04, the Defendant driven a clance car while under the influence of alcohol concentration of about 0.101% on the roads of approximately 3 km away from Sungnam-si, Sungnam-si B to the entrance of the Island in the same Gu.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (the blood alcohol concentration concentration investigation);

1. Report on the circumstances of driving under the influence of alcohol, report on the circumstances of driving under the influence of alcohol, inquiry into the results of the control of driving under the influence of alcohol, and written appraisal of blood alcohol concentration;

1. The driver's license ledger and the next registered inquiry;

1. Previous conviction in judgment: Application of Acts and subordinate statutes concerning criminal records;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (Consideration of favorable circumstances, etc. among the following reasons for sentencing):

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

1. The normal drinking operation disadvantageous to the reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is not only a crime that may pose a danger to traffic order by itself, but also cause serious personal and material damage, such as the occurrence of traffic accidents.

As the statutory penalty for the violation of the Road Traffic Act (driving) is recently raised and revised, there is a consensus on the necessity of strengthening the punishment for driving under the influence of alcohol.

Although the Defendant had been punished by a fine on two occasions due to drinking driving, he again committed the instant crime of drinking driving.

In favor of the favorable normal defendant, the defendant recognized his criminal liability, and shows the form of reflection.

The traffic accident was not caused.

. The suspension of execution.