A defendant shall be punished by imprisonment with prison labor for up to 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 June 29, 2007, the Defendant received a summary order of KRW 1 million from the Ulsan District Court to a fine for a violation of the Road Traffic Act, and on June 17, 2015, the Defendant received a summary order of KRW 4 million for the same crime in the same court.

At around 01:00 on May 29, 2019, the Defendant driven a DNA car with a blood alcohol concentration of about 0.134% under the influence of alcohol at a section of about 50 meters for the road in front of the store located in Gyeyang-si, Yangsan-si.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the report on the results of the drinking driving control, the report on the state of drinking drivers;

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 fact that probation, order to attend a lecture or order to attend a community service order recognizes the facts charged for sentencing under Article 62-2 of the Criminal Act, and that there is no criminal record exceeding the fine is favorable to

On the other hand, the fact that blood alcohol concentration is high, and that two times before and after drinking is disadvantageous to the defendant.

In addition, the punishment shall be determined as ordered by taking into account various factors of sentencing, such as the defendant's age, environment and motive for crime.