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 May 26, 2008, the Defendant received a summary order of KRW 1.5 million from the Seoul Central District Court to a fine of KRW 1.5 million, and on August 22, 201, the Seoul Western District Court issued a summary order of KRW 1.5 million to a fine of KRW 1.5 million for a violation of the Road Traffic Act.

On March 17, 2019, at around 00:25, the Defendant driven an Efluoring car from approximately 600 meters away from the NAB to the roads front of the DNA oil station located in C, while under the influence of alcohol of 0.135% of blood alcohol level.

As a result, the Defendant, who violated the prohibition of drunk driving more than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of a host driver, and report on the status of a host driver;

1. Previous convictions indicated in judgment: Application of criminal records, reply reports (A), investigation reports (a copy of summary order of the same criminal records) and Acts and subordinate statutes;

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. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., circumstances favorable to the following reasons for sentencing):

1. Article 62 (1) of the Criminal Act (recognition of the favorable circumstances among the reasons for sentencing following the suspended sentence);

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Order to Attend a lecture [unjustifiable circumstances] despite the fact that the defendant had been punished twice due to drinking driving in the past, there is a high possibility of criticism for the crime of this case.

At the time of the instant crime, blood alcohol concentration is also high.

[Ligue circumstances] The defendant is against the defendant's confession of the crime of this case.

The distance of the vehicle is not 600 meters or more.

No additional damage has occurred.

The defendant has no record of being punished in excess of a fine due to his previous department, and the criminal records, which were punished due to his driving immediately before the previous case, are about eight years.