A defendant shall be punished by imprisonment for six months.

except that 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 February 28, 2007, the Defendant received a fine of KRW 700,000 as a crime of violation of the Road Traffic Act (driving) from the Cheongju District Court on February 28, 2007, and a fine of KRW 2.5 million as a same crime at the Seoul Southern District Court on July 9, 2008.

【Criminal Facts】

On May 2, 2019, at around 22:40, the Defendant driven a DNA knick with a blood alcohol concentration of about 0.074% from the 10km section from the front road of the Defendant’s residence in Gangseo-gu Seoul Metropolitan Government to the front road of Busan Metropolitan City.

Accordingly, the defendant, who violated the prohibition of drinking driving more than twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Report on the situation of running a driving under the influence of alcohol, report on the results of crackdown on driving under the influence of alcohol, report on the situation of a driver under the influence of alcohol, and investigation report (report on the status of a

1. Previous convictions: Criminal records, investigation reports (verification of suspect's drinking record), and application of copies of summary order Acts and subordinate statutes;

1. Article 148-2(1)1 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. 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. In view of the fact that the defendant committed the crime of drunk driving, even though he had the same criminal records, the reason for sentencing under Article 62(1) of the Criminal Act (a favorable circumstances among the reasons for sentencing below) of the suspended sentence, the defendant’s liability for the crime is not somewhat weak.

However, the defendant is against the defendant, the motive and circumstance of the crime of this case, the numerical value of blood alcohol concentration (0.074%) of the same kind of crime records, the time and frequency of the crime, the circumstances after the crime, the age of the defendant, character and conduct, family relationship, economic circumstances, etc. shall be comprehensively considered.