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 March 2, 2009, the Defendant issued a summary order of KRW 1 million for the crime of violating the Road Traffic Act, and a summary order of KRW 1.5 million for the same crime in the same court on July 15, 2009.

On April 11, 2019, at around 00:20, the Defendant driven a Bteme car with a blood alcohol content of about 0.092% at the section of approximately 3km in front of the 3km-dong Masan-dong, Changwon-si, Changwon-si, Seoul Metropolitan Government, while driving the Bteteme car at around 0.092% in front of the 3km-dong Masan-dong, Changwon-si.

Accordingly, the Defendant, who violated the prohibition of driving a motor vehicle, etc. at least twice under the influence of alcohol, once again driven a motor vehicle under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Requests for appraisal;

1. A report on detection of a host driver;

1. Previous records before ruling: Application of criminal records, investigation reports (verification of records of drinking driving at least twice) and statutes;

1. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for a crime;

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 consideration shall be repeated in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Scope of applicable sentences under law: Imprisonment with prison labor for up to six months up to one year and six months;

2. Non-application of the sentencing criteria: The sentencing criteria are not set.

3. The decision-making defendant acknowledges and reflects a crime.

All of the instant cases, including the previous force of punishment for drunk driving, are not relatively serious in the state of being taken as the blood alcohol concentration of less than 0.1%.

The defendant was punished twice by drinking driving only in 2009, and thereafter there is no criminal record of drinking driving, and there is no criminal record of a fine twice even other criminal records.

The age, character and conduct, environment, and environment of the defendant.