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] On October 20, 200, the Defendant was sentenced to a fine of two million won for a crime of violation of road traffic law at the Seoul Western District Court on December 7, 2007, a fine of two million won for a crime of violation of road traffic law (driving) at the Seoul Western District Court on December 7, 2007, and a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Incheon District Court on October 7, 2013, and a fine of seven million won for a crime of violation of the Road Traffic Act (driving of alcohol).

[2] On July 13, 2017, at around 02:53, the Defendant driven a B-type car under the influence of alcohol content 0.112% from the front side of the “Dried Hun-Ga” 121, Seongdong-gu, Seoul, Seongdong-gu, Seoul, to the road 115 front day of the Sungdong-dong, Sungdong-gu, Seoul.

As a result, the Defendant again driven a motor vehicle while under the influence of alcohol, who violated the prohibition of drinking at least twice.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of C and D;

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

1. An explanatory note;

1. Previous convictions: Inquiries about criminal history and application of Acts and subordinate statutes to investigation reports (report on attachment of past records of driving alcohol);

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. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act, even though the defendant was punished three times for the same kind of crime, if again, the punishment for the crime of this case is not weak. However, it is against the defendant's recognition of the crime, and there are some circumstances to be taken into account in the motive and circumstances leading to the crime, there is no record of criminal punishment exceeding the fine, and other conditions of sentencing specified in the trial process of this case, such as the defendant's age, sex, criminal records, criminal records, means and results of the crime, and the circumstances after the crime.