A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

On October 10, 2008, the Defendant issued a summary order of a fine of two million won on the grounds of a violation of the Road Traffic Act (drinking driving) at the Suwon Friwon method, and on April 27, 2013, the Defendant issued a summary order of a fine of two million won in the same court as the same crime.

On August 25, 2017, at around 01:00, the Defendant driven BM car under the influence of alcohol content of about 0.144% from a 200-meter section from the roads near the Changdong Station located in Dobong-gu Seoul Metropolitan Government, to the roads in front of the public parking lot located in Changdong-dong 17-6, Nowon-gu, Seoul, Nowon-gu, Seoul.

Accordingly, the defendant, even though he had a history of being punished twice due to drinking, was driving a motor vehicle again under the influence of alcohol.

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. Written inquiry about criminal history, etc.;

1. Application of investigation reports (verification of driving skills of the same kind of drinking) Acts and subordinate statutes;

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 led to the confession of the crime of this case and recognized his mistake; the defendant did not cause other damage, such as traffic accidents; the defendant has no record of being punished in excess of a fine; the defendant has the spouse and still has the age of her child.

In this case, the court below erred by misapprehending the legal principles.