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 March 9, 2009, the Defendant issued a summary order of KRW 1,50,000,000 as a fine for a violation of the Road Traffic Act (drinking driving) at the Suwon District Court’s Eunpyeong District Court on March 9, 2009, a summary order of KRW 2 million as a fine for the same crime in the same court on March 5, 2010, and a summary order of KRW 3 million as a fine in the same court on October 22, 2010, respectively.

On June 29, 2018, the Defendant driven a balp motor vehicle with alcohol content of about 1.5 km from the front of the New Apartment to the front road of the Ansan-dong, Ansan-si, Ansan-si, to the front road of the 1.5 km-si, Ansan-si, with alcohol content of at least 0.188% under the influence of alcohol.

Accordingly, the defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following favorable circumstances):

1. Article 62 (1) of the Criminal Act on the suspension of execution (the following normal consideration):

1. In light of Article 62-2 of the Criminal Act on the grounds of sentencing, the degree of taking the principal sentence of sentencing, and the same kind of power, the liability for the crime is not against the law. However, the fact that there is no record of criminal punishment exceeding the fine for the same crime, the defendant's age, sex, environment, background leading to the crime, circumstances after the crime, etc. shall be comprehensively considered, and the punishment as set forth in the order shall be determined as above.