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 July 16, 2007, the Defendant was issued a summary order of KRW 2 million by the Seoul Northern District Court for a violation of the Road Traffic Act (driving). On November 15, 2013, the Defendant was issued a summary order of KRW 3 million by the same court as the same crime.

【Criminal Facts】

At around 23:40 on February 18, 2019, the Defendant driven a B observer car under the influence of alcohol content of about 0.122% in the section of about 10km from the Do before the influent restaurant located in Yangju-si on February 19, 2019 to the point of approximately 71.3km in the direction of the normal intersection of Goyang-gu Seoul, Seoyang-gu, Seoul, Seoul, to the point of 71.3km.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, report on the circumstances of drinking driving, and inquiry into the results of crackdown on drinking driving;

1. Previous records: Criminal records and other inquiries, and the application of a copy of judgment or the statutes;

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;

1. The reason for sentencing under Article 62-2 of the Criminal Act, even though the defendant had been punished twice due to drunk driving, he/she also driven under drinking, and the defendant's blood alcohol concentration level is considerably high.

However, the fact that the defendant's mistake is divided and again is expected not to drive under the influence of alcohol, that the crime of this case is limited to the simple driving under the influence of alcohol and that no more serious result has occurred, that there is no criminal conviction exceeding the fine of the defendant, and that there is no other criminal conviction against the defendant, and that there are various sentencing factors in the trial process of this case, such as the age, character and conduct, intelligence and environment, family relationship, and circumstances at the time of the crime, etc., the punishment as ordered shall be determined