A defendant shall be punished by imprisonment for six months.

except that 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 February 1, 2010, the Defendant received a summary order of a fine of two million won for a violation of the Road Traffic Act from the Ponding Port Branch of Daegu District Court on February 1, 2010. On November 23, 2017, the Defendant was subject to suspension of indictment for a violation of the Road Traffic Act at the Ponding Port Office of the Daegu District Prosecutors’ Office.

On September 30, 2018, the Defendant driven a FK7 vehicle at approximately 3 km section from the Do adjacent to the north-gu B at Port to the e-mail in D while under the influence of alcohol of 0.148% of blood alcohol level around 21:30, the Defendant driven a FK7 vehicle at around 3 km section.

Accordingly, the defendant, who violated the Road Traffic Act prohibition provisions on drinking driving more than twice, was driving a motor vehicle under the influence of alcohol in violation of the same provision.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver and report on the control of drinking driving;

1. The application of statutes, including criminal records, reports on results of the control of drinking driving and criminal investigations, and accompanying documents (report on confirmation of criminal records of the same kind);

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

1. Selection of imprisonment with prison labor as a matter of choice (with the history of violating the prohibition on driving sound, it again leads to the instant crime, and consideration of the fact that the blood alcohol concentration in the instant case is considerably high, etc.);

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., the fact that there is no criminal power exceeding a fine, the fact that there is no old age and health status good, the fact that a mistake is recognized and reflects, etc.);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);