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 31, 2011, the Defendant issued a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act at the Seoul Central District Court, and on April 12, 2017, the Seoul Northern District Court issued a summary order of KRW 2,50,000 as a fine for the same crime.

On February 18, 2019, at around 01:38, the Defendant driven a DNA car at a distance of about 50 meters from the front side of the building in Eunpyeong-gu Seoul, where it is impossible to find out the spreading located in Eunpyeong-gu, Seoul, while under the influence of alcohol by 0.13%, from the front side of the building to the front side of the same Gu.

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 the results of the control of drinking driving, the report on the state of drinking drivers, and the report;

1. Previous convictions indicated in the judgment: Criminal history records, reply reports, and application of Acts and subordinate statutes attached to two summary orders;

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 favorable circumstances among the reasons for sentencing following the suspended sentence);

1. The reason for sentencing under Article 62-2 of the Social Service Criminal Act [Incompetence] The Defendant, even though he had a record of being punished by a fine due to drinking driving twice in the past, was driving under the influence of alcohol.

The level of exploitation is relatively high.

[Ligue circumstances] The defendant recognizes and reflects his criminal act.

The distance of driving is shorter.

There are some circumstances that may be taken into account the circumstances of drinking driving.

There is no history that the defendant has been punished beyond a fine.

In addition, the age, character and conduct, the environment, the motive and background of the crime, the result of the crime, the circumstances after the crime, etc. of the defendant, as shown in the arguments in this case.