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

On October 9, 2009, the Defendant issued a fine of 2.5 million won for a violation of the Road Traffic Act at the Jeju District Court on the same day, and on December 17, 2009, a fine of 3 million won for the same crime, etc. at the same court on the same day, 4 times the same criminal records, including the issuance of each summary order of 3 million won for the same crime.

On June 6, 2018, at around 23:25, the Defendant driven a vehicle with approximately 200 meters of alcohol from the street in front of the Defendant’s residence to the DNA road in front of the Dart located in C while under the influence of alcohol by 0.101% of blood alcohol concentration.

Accordingly, the defendant has been driving a motor vehicle under the influence of alcohol more than twice even though he has violated the prohibition of driving under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of driving under the influence of alcohol, inquiry into the results of the control of drinking driving, notification on the results of the control of drinking driving, and report on the state of drinking drivers;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of sound driving records);

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose 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 attend a community service order under Article 62-2 of the Criminal Act is an unfavorable circumstance that the defendant has four criminal records for the reason of sentencing, and the degree of the taking of such criminal records is not weak.

However, it is advantageous to the fact that the defendant recognizes the facts charged and seriously reflects the facts charged, the distance of driving is very long, and the criminal records of the same kind are relatively old.

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