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 a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal history] On December 9, 2008, the Defendant was issued a summary order of KRW 700,000,000 as a fine for a violation of road traffic law (dacting driving) at the Sungnam branch support on December 9, 2008, and a summary order of KRW 1,50,000 as a fine in the same court on March 26, 2010, respectively.

[2] Although the Defendant had been punished twice or more due to the crime of violating the Road Traffic Act (drinking) as above, the Defendant driven Blue car from the beginning of Gwangju City to the 178 Sung-gu, Sung-gu, Seo-gu, Sung-gu, Sungnam-si, Seoul, under the influence of alcohol leveling to 0.140% of the alcohol level in around 17:05 on March 24, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. Reports on traffic accidents, reports on the circumstances of drivers of drinking alcohol, and notification of the results of crackdown on drinking alcohol;

1. Notification of related photographs and departments related to the report of the case of 112;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A), investigation report (verification of drinking records and review of applicable legal provisions);

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for the sentencing of Article 62-2 of the Criminal Act on community service and lecture attendance order;

1. Prosecutor’s opinion - One year of imprisonment;

2. Determination - Imprisonment shall be chosen in consideration of six months of imprisonment, and two years of probation, the criminal defendant's history of drinking driving over several times.

However, the amount of punishment shall be reduced by taking into account the favorable circumstances, such as the defendant's confession, and the fact that there is no record of the crime exceeding the fine, etc., by taking account of the defendant's age, sex, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., and the various sentencing conditions under Article 51 of the Criminal Act as stated in the records and arguments shall be determined and the execution of the punishment shall be suspended.