A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On June 25, 2008, the Defendant was sentenced to a suspended sentence of one year in the Seoul Southern District Court for a crime of violating the Road Traffic Act, etc. On June 25, 2008, the Defendant was sentenced to a summary order of one million won as a crime of violating the Road Traffic Act at the Cheongju District Court on June 13, 2016.

On August 5, 2018, at around 00:03, the Defendant driven a brighting car under the influence of alcohol content of about 0.138% from the entrance of a scenic apartment in the area of approximately 100 meters to the same apartment complex from the five front parking lots in the same apartment complex.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Statement of the circumstances of the driver involved in driving;

1. Investigation report (report on the situation of the driver in charge); and

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (power to punish a suspect drinking);

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 53 and 55(1)3 of the Criminal Act (Articles 53 and 55(1)3 of the Criminal Act ( Taking into account the conditions of sentencing favorable to the following reasons for sentencing):

1. Article 62 (1) of the Criminal Act on the stay of execution (The following factors are repeated for sentencing on the grounds of sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act, despite the fact that the Defendant had been punished for driving alcohol twice, again committed the instant crime, and the Defendant’s blood alcohol concentration is high at the time of committing the instant crime.

The Defendant also caused an accident in which another vehicle parked in the course of drinking driving.

These circumstances are disadvantageous to the defendant.

However, the fact that the defendant reflects the defendant, the driving distance of drinking of this case is relatively short, and the defendant has no particular criminal record other than the previous ten-year fine, the circumstances favorable to the defendant shall be considered, and the punishment shall be determined like the order, taking into account all the factors of sentencing specified in the argument of this case.