The punishment of the accused shall be determined by six months of imprisonment.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On April 5, 2011, the Defendant received a summary order of KRW 1.5 million from Seoul Southern District Court to a fine of KRW 1.5 million for a violation of the Road Traffic Act, and on February 14, 2012, the Seoul Southern District Court issued a summary order of KRW 1.5 million to a fine of KRW 1.5 million for a violation of the Road Traffic Act.

On May 10, 2019, at around 21:10, the Defendant driven Datoba, while under the influence of alcohol of about 1.6 km from the front of the driving distance of the nuclear power plant in Seocheon-si, Seocheon-si to the front of the Cridge in Seocheon-si, Seocheon-si, the Defendant driven Datoba in the state of alcohol of about 0.106% in blood alcohol concentration.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. An interrogation protocol of the police against the accused (one time, two times);

1. The circumstantial statement of the employee;

1. Notification of the control of drinking driving;

1. A written appraisal of blood alcohol;

1. Criminal history records, inquiry reports, and investigation reports (the confirmation report on the date of release);

1. Application of Acts and subordinate statutes to investigation reports (Attachment of the same summary order);

1. Article 148-2(1)1 and Article 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 ( considered as favorable circumstances, etc. among the reasons for sentencing following the suspended sentence);

1. The order of education provided for in Article 62-2 of the Criminal Act, the numerical value of blood alcohol concentration for the reason of sentencing, the record of punishment for the same kind of crime, the time interval with the crime of this case, the time distance from the crime of this case, the confession of mistake, the confession of mistake, the fact that the defendant's age, character and behavior, environment, circumstances of the crime and circumstances after the crime, etc. are considered and all the sentencing conditions shown in the argument of this case shall be determined as ordered.