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

[criminal power] On March 5, 2009, the Defendant received a summary order of KRW 500,000 as a fine for a violation of the Road Traffic Act (driving). On April 14, 2011, the Defendant received a summary order of KRW 1.5 million as a fine for the same crime from the Daegu District Court Kimcheon Branch, and issued a summary order of KRW 7 million as a fine for a violation of the Road Traffic Act (driving) at the Daegu District Court on June 20, 2014. On July 7, 2014, the Defendant received a summary order of KRW 5 million as a fine for the same crime from the Daegu District Court Kimcheon Branch.

【Criminal Facts】

On April 19, 2018, at around 01:52, the Defendant driven a Category B New EF Lasta car in the state of alcohol alcohol concentration of approximately 0.152% from the 4km section of approximately 4km from the roads near the Nowon-gu Seoul Special Metropolitan City Nowon-dong, Nowon-gu to the saero-dong Salym-dong in the same city.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Making a report on the control of drinking driving;

1. As to the report on internal investigation (as to the attachment of field photographs):

1. Previous convictions in judgment: Criminal history records, repeated statements, and application of Acts and subordinate statutes of Part V of the summary order;

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 1 and 44 (1) of the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018; Act No. 16037, Jun. 25, 2019);

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 consideration shall be repeated in favor of the reasons for sentencing):

1. Reasons for sentencing under Article 62-2 of the Criminal Act for orders to attend lectures and orders to provide community service;

1. Scope of applicable sentences under law: Imprisonment with prison labor for up to six months up to one year and six months;

2. Application of the sentencing guidelines: The sentencing guidelines are not set. 3. The sentencing guidelines are not set: Imprisonment with prison labor for 10 months (two years of suspension of execution of sentence). Although the defendant had a variety of records of punishment due to drinking driving, he/she again drives under the influence of alcohol, and there is no possibility of criticism in that the degree of blood alcohol concentration at the time of committing the crime is low and the driving distance is long

However, the defendant.