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

On April 3, 2015, the Defendant received a summary order of KRW 1,50,000 from the Incheon District Court to a fine for a violation of the Road Traffic Act (driving) and a summary order of KRW 1,00,000 from the Cheongju District Court on November 23, 2018 to a fine for a violation of the Road Traffic Act (driving).

On March 23, 2019, at around 00:05, the Defendant driven a DNA coo vehicle under the influence of alcohol of about 2k meters from the 2k section of alcohol alcohol concentration of 0.114% from the front of the restaurant to the front of the “C” located in the Bupyeong-gu Incheon Metropolitan City, Bupyeong-gu, where the trade name in the Southern-gu, Incheon is unknown.

Therefore, even though the Defendant violated the prohibition on drinking under the Road Traffic Act more than twice, he again driven a motor vehicle under the influence of alcohol in violation of the relevant provision.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements and investigation report of the employee (the circumstantial report of the employee)

1. Inquiry into the result of the crackdown on drinking driving;

1. Criminal records: Application of double-entry Acts and subordinate statutes, such as criminal history records, investigation reports (verification twice the same kind of power), and 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 extenuating circumstances among the reasons for sentencing);

1. The sentencing conditions indicated in the records, such as the defendant's age, occupation, character and conduct, family relationship, and circumstances before and after the crime, shall be determined as ordered by considering the reasons for sentencing under Article 62-2 of the Criminal Act.

There is a record of fine twice as a crime of violation of the Road Traffic Act (driving).

Blood alcohol concentration is high.

The favorable circumstances: The mistake is recognized and reflected.

in excess of a fine.