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 of the final judgment.

Punishment of the crime

On January 2, 2015, the Defendant was issued a summary order of a fine of KRW 4 million for a violation of the Road Traffic Act in the Jeonju District Court’s Gun mountain support on January 2, 2015, and was charged with a fine of KRW 1 million for the same crime on November 30, 2018.

At around 22:20 on December 8, 2018, the Defendant driven an E rocketing vehicle with the blood alcohol concentration of 0.063% from the cafeteria located in Gunsan City B to D’s front road.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (reports on confirmation of records of driving under influence of the same kind of suspect);

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act of the choice of punishment, and the choice of imprisonment (in particular, considering the fact that there are two-time penalties due to drinking driving, in November 2018, the fact that the person was punished as a fine by driving under the influence of alcohol, even though he was punished by a fine by a driving under the influence of alcohol even though he was punished by a driving under the influence of alcohol, and that the person

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Suspension of execution under Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act (with regard to the fact that the defendant acknowledges and reflects the crime, the fact that the defendant was punished twice due to drunk driving, the fact that blood alcohol concentration is not high, and other consideration, such as the age, occupation, etc. of the defendant);

1. Article 62-2 of the Criminal Act concerning orders to provide community service and attend lectures;