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 December 21, 2009, the Defendant received a summary order of KRW 2.5 million from the Jeonju District Court to a fine for a violation of the Road Traffic Act, on November 28, 201, a summary order of KRW 3 million from the Jeonju District Court’s Military Branch to a fine of the same crime, and on October 6, 201, a summary order of KRW 5 million from the Jeonju District Court to a fine of the same crime, respectively.

On February 17, 2019, the Defendant driven a Fsch Rexn vehicle under the influence of alcohol concentration of about 0.059% at the 1km section from the front of the “C” restaurant located in Seojin-gu Seoul Special Metropolitan City to the front of the “E” convenience store located in the same Gu D.

Accordingly, the defendant, who violated the prohibition of drinking driving more than twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Defendant's legal statement;

1. A survey report on actual condition, an accident site photograph, notification on the results of the drinking driving control, and a report on the actual state of a drinking driver;

1. Previous records of judgment: Criminal records, inquiry records, the same kind of power, etc., four copies of summary order, and application of Acts and subordinate statutes of a list of related cases;

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. The reason for sentencing under Article 62-2 of the Criminal Act on probation, community service, and lecture attendance order was that the Defendant was punished by a fine four times (including a violation of the Road Traffic Act (including a without license) from 2004 to 2014) due to drinking driving from 2004 to 2014, but was a drinking driving again.

Considering the fact that the defendant has caused an accident that causes an underground vehicle or concrete pole during drunk driving, it is necessary to strictly punish the defendant.

However, the fact that the defendant does not commit a second offense, and the defendant is punished by a fine for the same or a second offense.