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

[criminal power] On August 7, 2012, the Defendant received a summary order of KRW 1,50,000,000 as a fine for a violation of the Road Traffic Act (driving) from the Western Branch of the Daegu District Court on August 7, 2012, and on March 13, 2018, the Defendant received a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act (driving).

【Criminal Facts】

On June 2, 2019, the Defendant, as a person who violated the foregoing provision on the prohibition of drunk driving twice or more, driven a DSS5 car from around 15km from the road in front of the Gyeong-gun B market in Seongbuk-gun, Seongbuk-gun to the front road of the community hall in the same military, while under the influence of alcohol by 0.157%.

Summary of Evidence

1. Defendant's legal statement;

1. The investigation report (the time change);

1. Arrest report on occurrence of the case, report on the situation of a drinking driver, and report on the control of drinking driving;

1. Before judgment: Criminal records, investigation reports, and application of summary order-related Acts and subordinate statutes;

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);

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

1. Article 62 (1) of the Criminal Act;

1. Although the reason for sentencing under Article 62-2 of the Criminal Act, despite the fact that the defendant had been punished twice due to drinking driving, the crime of this case was committed at the same time, and the fact that drinking water is high, etc. is disadvantageous.

However, considering the fact that the defendant confessions the crime of this case and repents his mistake, there is no record of punishment exceeding the fine, and the age, character and conduct, environment, family relationship, means and result of the crime of this case, the punishment as ordered shall be determined in consideration of all the sentencing conditions shown in the arguments of this case, such as the circumstances after the crime.