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

[criminal power] On December 8, 2008, the Defendant was issued a summary order of KRW 3 million due to a violation of the Road Traffic Act (driving) at the Changwon District Court’s Tongwon District Court’s branch on December 8, 2008, and on June 22, 2011, the same court was sentenced to a suspended sentence of three years for six months due to a violation of the Road Traffic Act (driving).

【Criminal Facts】

On February 8, 2019, the Defendant, who had been under the influence of alcohol twice or more, driven a motor vehicle under the influence of alcohol, with a maximum of about 1 k meters from the front of a bus terminal located in the ancient city at the time of a macro-city around February 20, 2019 to the front of the macro-city B apartment, while under the influence of alcohol at least 0.160% of alcohol alcohol level.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Previous records of judgment: Criminal records, inquiry reports (A), investigation reports (verification of the same kind of records), judgments, and application of Acts and subordinate statutes governing summary orders;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

1. The scope of applicable sentences under Acts: Imprisonment for not less than six months up to one year and six months;

2. Setting the sentencing criteria not;

3. Determination of sentence: Determination of sentence: Imprisonment with prison labor for six months, suspended execution for two years (80 hours of social service, 40 hours of attending the law-abiding driving lecture), blood alcohol density, the background leading to driving, the defendant's like records (two times of suspended execution of sentence, summary order once), the defendant has no criminal records for the last seven years, and other circumstances revealed in the trial process of this case, such as the defendant's age, character and conduct, environment, and circumstances after crimes, shall be determined as ordered by taking into account all the circumstances revealed in the trial process