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

[criminal history] The Defendant, at the Incheon District Court on November 27, 2009, issued a summary order of KRW 2.5 million for a crime of violating the Road Traffic Act (driving), a summary order of KRW 4 million for a crime of violating the Road Traffic Act at the Daegu District Court on February 15, 2012, and a summary order of KRW 8 million for a crime of violating the Road Traffic Act at the Daegu District Court on May 13, 2013, and a person who has driven under drinking more than twice after receiving a summary order of KRW 8 million for a crime of violating the Road Traffic Act (driving) at the Daegu District Court on May 13, 2013.

[Criminal facts] On September 3, 2017, the Defendant driven a B-learning car under the influence of alcohol level of about 0.132% from the 11km section from the 11km to the roads in the Jin-si, Jin-si, Jin-si, Seoul, Gin-si, Jin-si, Seoul, to the roads in front of the Jin-si, Jin-si, Gin-si.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act applicable to the facts constituting an offense (or choice of imprisonment);

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The grounds for sentencing under Article 62-2 of the Criminal Act include the frequency and time when the defendant was punished for the same kind of crime, the concentration of alcohol in blood at the time of driving the drinking of this case, the defendant's age, sex, environment, motive and circumstance of the crime, and circumstances after the crime, etc., as stated in the arguments of this case, shall be determined as ordered by considering the various factors for sentencing as stated in the argument of this case.