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 December 12, 2012, the Defendant received a summary order of KRW 3 million for a fine of KRW 1 million for a violation of the Road Traffic Act and KRW 3 million for the same crime in the same court on October 13, 2014.

Although the Defendant violated Article 44(1) of the Road Traffic Act more than twice as above, the Defendant driven C New franchise-low automobiles at around 02:20 on August 8, 2018 while under the influence of alcohol with a blood alcohol concentration of 0.067% at the Seocheon-si B parking lot around 02:20.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the state of drinking drivers, and inquiry into the results of the control of drinking driving;

1. Previous convictions indicated in judgment: Application of criminal history records, inquiry reports, investigation reports (to file a copy of the summary orders of the same type of power);

1. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 15530, Mar. 27, 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 made again for the reason of sentencing);

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

1. The scope of punishment by law: Imprisonment for six months to one year and six months;

2. No sentencing criteria shall be set;

3. The Defendant, while under the influence of alcohol content 0.067%, driven a car at approximately 200 meters in a breath alcohol level.

The defendant has been punished as a crime of violation of the Road Traffic Act (driving) after the lapse of 2012 and around 2014, and around 2013, the defendant has been punished as a crime of violation of the Road Traffic Act (Free Driver's License).

The punishment shall be determined as ordered by comprehensively taking into account the following circumstances, such as the blood alcohol concentration and driving distance, the details of the previous punishment records and distance thereof, the age and character of the defendant, personality and conduct, family relationship, motive and means of the crime, and circumstances after the crime.