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.

On April 17, 2007, the Defendant issued a summary order of KRW 1 million as a crime of violation of the Road Traffic Act in the Sungnam Branch of Suwon District Court on April 17, 2007, and a summary order of KRW 2 million as a crime of violation of the Road Traffic Act in the Sungnam Branch of Suwon District Court on January 10, 2012.

Criminal facts

At around 02:30 on 17, 2019, the Defendant, while under the influence of alcohol content of 0.090%, driven a fluent D car at approximately 300 meters away from the street near the city of Jin-do to the shooting distance near C in the same city of Jin-do.

Summary of Evidence

1. Defendant's legal statement;

1. Results of the control of drinking driving (Evidence Nos. 3), reports on the circumstantial statements of drinking drivers, and notification of the results of the control of drinking driving;

1. Previous records of judgment: Criminal records, etc., inquiry reports, the same previous records, and the application of Acts and subordinate statutes of two copies of judgment;

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 (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reasons for sentencing under Article 62-2 of the Criminal Act include two times of criminal punishment due to drunk driving, the Defendant driven a vehicle while under the influence of alcohol, even though the Defendant was under the influence of alcohol (two times of fine). The criminal liability of the Defendant is not minor.

However, the circumstances favorable to the defendant include the fact that the defendant recognized the crime of this case and reflects the mistake, that there was no record of criminal punishment exceeding the fine, and that the distance of driving was relatively short.

In addition to the above circumstances, the defendant's age, character and conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, and all other circumstances constituting the conditions for sentencing as shown in the trial process, shall be comprehensively considered and determined as ordered.