A defendant shall be punished by imprisonment 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 7, 2008, the Defendant was issued a summary order of KRW 1.5 million with a fine for a violation of the Road Traffic Act at the Changwon District Court, and KRW 3 million with a fine at the Busan District Court on June 23, 2015, respectively.

【Criminal Facts of Crimes】 On May 17, 2019, the Defendant driven a E-to-car under the influence of alcohol concentration of about 0.112% from a 200-meter section from the front of the C bank located in Kimhae-si B to the front of the Dr. Dr. in Kimhae-si.

As a result, the Defendant again driven a motor vehicle under the influence of alcohol in violation of the regulations on prohibition of drunk driving at least twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the control of drinking driving;

1. Previous records: Criminal history records, and the application of Acts and subordinate statutes concerning suspect interrogation records to the accused;

1. Article 148-2(2)2 and Article 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) and (2) of the Criminal Act of the suspended execution;

1. On the grounds of sentencing under Article 62-2(1) of the Criminal Act, the sentence as ordered shall be determined by taking into account all the various circumstances, including the following circumstances, such as the age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime.

Unfavorable circumstances: The harmful effects of drinking driving, the degree of negative alcohol concentration, and favorable circumstances such as repeated traffic-related crimes (two times of drinking driving, two times of driving without license): The defendant seems to repent and reflect his/her wrong, and there is no history of punishment exceeding fines due to the same kind of crime, family members, etc.