A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

On October 30, 2006, the Defendant received a summary order of 700,000 won of a fine for a crime of violating the Road Traffic Act from the Jung-gu District Court on October 30, 2006, and a summary order of 2 million won of a fine by the same court on December 1, 201.

On October 22, 2017, the Defendant driven a B k3 car under the influence of alcohol content of about 0.184% in a section of about 15km from the fourth restaurant to the 26-14rd road in the Seocho-gu Seoul Metropolitan City from the beginning of the elementary city to the 8rd-ro, Eup, from the beginning of the Seoul Metropolitan City.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of driving at home;

1. Notification of the results of regulating drinking driving;

1. Previous conviction: Application of second-class Acts and subordinate statutes to a written inquiry, such as criminal history, and a suspect's separate summary order;

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. The reason for sentencing under Article 62(1) of the Criminal Act under the suspended sentence is that the defendant's act of compliance with the Road Traffic Act, such as repeating the same crime, even though he/she had been punished four times due to drinking driving, is disadvantageous.

However, it is more favorable that the punishment of a fine due to drinking driving is imposed, and there is no criminal history of suspension of execution or more, and that there is a considerable interval between the crime in this case and the criminal records before five years, and that the defendant's mistake is divided and reflected.

In addition, the sentencing conditions recorded in the records, such as the defendant's age, occupation, sex, family relationship, living environment, circumstances leading to the crime, and circumstances after the crime, shall be determined as the same sentence as the order.