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

On January 16, 2013, the Defendant was sentenced to a fine of KRW 1.5 million by the Seoul Southern District Court for a violation of the Road Traffic Act, and a fine of KRW 1.5 million by the Jeonju District Court on January 28, 2015 for the same crime, respectively.

At around 22:50 on November 5, 2018, the Defendant driven BMW car under the influence of alcohol concentration of approximately 0.081% from the 1km section to the roads in front of the mutually influent restaurant located in the Seosan-si, Seog-si, Seoul, to the roads in front of the Eastbuk-do, North Korean Dos.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act more than twice and drives a motor vehicle under the influence of alcohol in violation of the same provision.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report, report on the situation of a drinking driver, notification on the results of the control of drinking driving, and report on the status of a drinking driver, status of a drinking driver;

1. Previous records of judgment: Criminal history records, suspect-like records, and application of Acts and subordinate statutes attached to two summary orders;

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

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 of Article 62-2 of the Criminal Act on probation, community service and order to attend a lecture, despite the fact that the defendant was sentenced to a fine twice due to drinking driving, was also driving under the influence of drinking.

Considering the fact that a defendant runs away to avoid drinking control, and the danger of drinking driving, it is necessary to strictly punish the defendant.

However, considering favorable circumstances, such as the fact that the defendant does not repeat again, the occurrence of traffic accidents, and the fact that the defendant has no record of criminal punishment exceeding the fine, etc., all of the sentencing conditions, including the defendant's age, character and conduct, environment, motive and circumstance of the crime, and circumstances after the crime, etc., shall be considered.