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 a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[2] On February 28, 2008, the Defendant was sentenced to a fine of KRW 500,000 to a fine of KRW 5 million due to a violation of the Road Traffic Act (drinking) in support of the Sungnam branch of Suwon branch, and a fine of KRW 2 million by the same court on September 25, 2015 as a crime of violating the Road Traffic Act (drinking).

[criminal record] On September 5, 2018, the Defendant driven Bpoter II vehicle under the influence of alcohol content of about 0.209% in the section of approximately 500 meters from the same Do-ro 24-o, south-do-ro, 37 Do-ro, Nam-gu, Sungnam-gu, Sungnam-do to the 37 Do-do Do-do-ro, the same Do-do-ro, south-do-ro, 201 to the front road of the same Do-dong 201.

Accordingly, the defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle again under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Investigative reports, reports on the circumstances of the driver driving a driver, site photographs, and inquiries about the results of crackdown on drinking driving;

1. Previous convictions in judgment: (A) a reply to inquiry, such as criminal history, and application of three copies of summary order by suspect;

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 to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for the sentencing of Article 62-2 of the Criminal Act on community service and lecture attendance order;

1. Prosecutor’s opinion - One year of imprisonment;

2. Determination - Imprisonment shall be selected in consideration of six months of imprisonment, the records of driving alcohol over several times by the accused for a stay of execution of two years, the level of alcohol concentration in the blood of the accused, etc.

However, the amount of punishment shall be reduced by taking into account the favorable circumstances that the defendant led to confession and reflects the fact that there is no record of crime exceeding the fine due to drinking driving, and the punishment shall be determined by taking into account the following factors: the defendant's age, sexual conduct, environment, motive, means and consequence of the crime, circumstances after the crime, etc., and Article 51 of the Criminal Act as stated in the records and arguments, such as the circumstances after the crime.