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 April 19, 2010, the Defendant received a summary order of KRW 1,50,000,000 as a fine for a violation of the Road Traffic Act (driving) from the Hongsung branch of the Daejeon District Court on June 1, 2012, as a fine of KRW 3,50,000 for a violation of the Road Traffic Act (driving) from the Seosan branch of the Daejeon District Court on June 1, 2012, and from the same support on February 29, 2016, as a fine of KRW 1,50,000 for a violation of the Road Traffic Act (driving).

【Criminal Facts】

On November 11, 2018, around 18:00, the Defendant driven Cpoter Ⅱ in the state of alcohol with approximately approximately KRW 20km alcohol concentration of 0.130% from the section of about 10km from Jin-si to the front lane of the new intersection of the Yannam Budget-gun.

Ultimately, the Defendant violated Article 44(1) of the Road Traffic Act at least twice, and drives a motor vehicle under the influence of alcohol in violation of the said provision.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the control of drinking driving, and report on the state of drinking drivers;

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

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

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

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

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, the punishment as ordered shall be determined by comprehensively taking into account all the conditions of sentencing indicated in the records, such as the defendant’s age, character and conduct, environment, circumstances before and after the crime of this case, and the background of the crime.

A favorable circumstances: The fact that confession and reflect are made, and that there is no past record of punishment exceeding a fine due to a drunk driving: The fact that there is three times the past records of punishment due to a drunk driving, but there is a high possibility of criticism for recidivism and high risk of recidivism, and that the blood alcohol concentration is relatively high.