A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of one year and six months from the date this judgment becomes final and conclusive.

Punishment of the crime

On February 6, 2014, the Defendant issued a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act (driving) at the credit branch of Suwon District Court on February 6, 2014, and a summary order of KRW 4 million as a fine for a violation of the Road Traffic Act (driving) at the credit branch of Suwon District Court on July 2, 2015.

Although the Defendant had driven a motor vehicle twice or more as above, on February 1, 2019, at around 23:27, the Defendant driven a motor vehicle of fa-turged from the front of the road located in Gyeonggi-si B to the front of the road located in Dongcheon-si, E in the same city D with approximately KRW 150m alcohol concentration 0.085% under the influence of alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. An inquiry report, such as a criminal history;

1. Application of two summary order Acts and subordinate statutes; and

1. Relevant Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime;

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

1. The number of times subject to punishment due to the reasons for sentencing under Article 62(1) of the Criminal Act shall be considered to be disadvantageous circumstances, but the fact that the time is human and reflects, and that the same does not reach the drinking driving again, etc. shall be considered to be favorable circumstances.

In this context, the sentencing conditions of Article 51 of the Criminal Act, such as the defendant's age, character and conduct, environment, and degree of previous punishment, are considered as above.