A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal power] On July 10, 2015, the Defendant received a summary order of KRW 4,50,000 as a fine for a violation of the Road Traffic Act (driving) from the Cheongju District Court Branch on July 10, 2015. On July 12, 2012, the Defendant received a summary order of KRW 1,50,000 as a fine for the same crime.

【Criminal Facts】

On October 12, 2018, at around 20:20, the Defendant driven a E-be motor vehicle under the influence of alcohol content of about 0.062% at the section of approximately 200 meters, from the front road of D located in C from Chungcheongnam-gun B.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements and investigation report of the employee (the circumstantial report of the employee)

1. Inquiry into the result of the crackdown on drinking driving;

1. Criminal records: Criminal records, inquiry reports, investigation reports, and application of each summary order Act and subordinate statutes;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The sentencing conditions indicated in the records, such as the defendant's age, occupation, character and conduct, family relationship, and circumstances before and after the crime, under the grounds for sentencing under Article 62-2 of the Criminal Act, shall be determined as ordered by taking into account the following circumstances:

Unfavorable circumstances: A person has been punished twice by a fine for a violation of the Road Traffic Act (driving) in around 2012 and around 2015, respectively.

The favorable circumstances: The mistake is recognized and reflected.

The driving distance is short.

Blood alcohol concentration is relatively low.

There shall be no criminal records exceeding fines.

have family members to be supported.

(Ch. 2) An infant with a mental disorder of Grade II.