A defendant shall be punished by imprisonment with prison labor for up to 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

The defendant, at the Seoul Central District Court on September 4, 2008, has the record of being sentenced to a fine of one million won for the crime of violation of the Road Traffic Act and a fine of two million won for the crime of violation of the Road Traffic Act in the same court on November 24, 2008.

On September 29, 2018, the Defendant, who had been punished twice due to drinking driving, driven a B Sm3 car at a section of approximately 300 meters from the front of the Maritime Daegu Metropolitan Government Office located in Busan Metropolitan City, which was under influence of 0.137% of alcohol level around 23:54 on September 29, 2018 to the front of the middle underground car located in the same Dong.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the investigation report on the results of the crackdown on drinking driving, the report on the state of drinking drivers, and the investigation report (report on the state of drinking drivers);

1. Relevant Article of the Act on the Crime and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act that selects the penalty;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act (The following conditions shall be considered in light of the favorable circumstances among the reasons for sentencing);

1. An order to attend a lecture or an order to provide community service under Article 62-2 of the Criminal Act is an unfavorable condition to the accused with two criminal records identical to that of the accused.

However, it is advantageous to the fact that the defendant recognized the facts charged and seriously reflects the facts charged, and the criminal records of the same kind are transferred about about 10 years from the case.

In addition, the defendant's age, character and conduct, environment, means and results of crimes, and the circumstances after crimes, etc. shall be determined as ordered by taking into account the various sentencing conditions shown in the trial process of this case.

[Sentencing Criteria] - No sentencing criteria are set