A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On November 17, 2006, the Defendant was sentenced to a fine of KRW 4 million on the grounds of a violation of the Road Traffic Act (drinking driving), etc. at the Suwon District Court on November 17, 2006, and a fine of KRW 6 million on March 8, 2013 from the same crime, etc.

On April 14, 2017, the Defendant driven B vehicles at approximately 500 meters in front of the luxing road located in the heading of the same Eup/Myeon, in the state of under the influence of alcohol content of 0.054% among the blood transfusion around 22:20 on April 14, 2017.

As a result, the defendant had been punished for drinking driving more than twice, but he again driven a drinking.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Notification of the results of regulating drinking driving;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (the same type of criminal history) statute;

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

1. Articles 53 and 55(1)3 of the Criminal Act (including circumstances favorable to the examination in the following cases);

1. Article 62 (1) of the Criminal Act on the suspension of execution (The subsequent consideration has been made for favorable circumstances);

1. The grounds for sentencing under Article 62-2 of the Criminal Act, comprehensively taking into account the following circumstances and the Defendant’s age, family relation, sex, environment, motive and background of the crime, means and method of the crime, and the circumstances after the crime, etc., the sentence as ordered shall be determined.

[The favorable circumstances] The defendant acknowledged his mistake while making a confession of the crime of this case; the defendant's blood alcohol concentration is not high; the defendant did not cause other damage such as traffic accident; the defendant did not have any history of punishment exceeding a fine.

(1) [Unfavorable circumstances] The instant crime is under the influence of alcohol content of 0.054% in the blood of the Republic of Korea, even though the Defendant had been punished twice or more for the same crime.