A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

On October 23, 2012, the Defendant issued a summary order of KRW 1 million to a fine for a violation of the Road Traffic Act at the Jeonju District Court on October 23, 2012; on October 7, 2013, the same court issued a summary order of KRW 2 million to a fine for the same crime; on October 12, 2015, the same court issued a summary order of KRW 5 million to a fine for the same crime; on December 6, 2016, the same court issued a summary order of KRW 5 million to a fine for the same crime; and on December 14, 2016, the judgment became final and conclusive on December 14, 2016.

On February 2, 2019, the Defendant, as a person who had driven two or more times as above, driven the E-A6 car in a state of alcohol alcohol concentration of about 0.161% under the influence of alcohol in about 10 meters from the C Park located in Yasan-gu, Yasan-si, Seoul, to the front road of 03:24 on the same day, around February 2, 2019.

Summary of Evidence

1. Defendant's legal statement;

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

1. A report on traffic accident, a survey report on actual condition, and an accident site photograph;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (Attachment to decisions on suspect drinking power);

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. Probation, community service and lecture attendance order under Article 62-2 of the Criminal Act were punished three times by a fine on the grounds of drinking driving, and on December 6, 2016, the Defendant was sentenced to a suspended sentence of imprisonment on the grounds of a driving without a license for drinking alcohol, and the Defendant was running the instant drinking driving within a short period after the expiration of the suspended sentence.

The drinking water level is high, and the defendant also received a road telegram while driving.

Considering these issues, it is necessary to strictly punish the accused.

However, the defendant does not commit a second offense.