A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

On April 29, 2014, the Defendant received a summary order of KRW 2,50,000 as a fine for a violation of road traffic law (drinking) from the Changwon District Court’s Tongwon District Court’s branch on April 29, 201, and a summary order of KRW 7 million as a fine for a violation of road traffic law (drinking) in the same court on December 1, 2014, respectively.

On August 11, 2017, around 02:10, the Defendant driven CM5 vehicle under the influence of alcohol content of about 10 meters from the front day of the drinking house in which it is impossible to identify the trade name in the movement of the Jinhae-si, Changwon-si, to the front day of the water back of the East Sea located in the same Dong, with approximately 10 meters alcohol concentration of about 0.140%.

As a result, the defendant was driving a motor vehicle under the influence of alcohol more than twice, and was driving a motor vehicle again under the influence of alcohol.

Summary of Evidence

The application of the statute of response to inquiries, such as criminal history of the defendant's oral statement by the State driver

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

2. Article 53 and Article 55 (1) 3 of the Criminal Act (including the fact that there is no criminal conviction or heavier than a suspended sentence and that there is a penance) of the mitigated amount;

3. Article 62 (1) of the Criminal Act on the suspension of execution.

4. An order to attend a course under Article 62-2 of the Criminal Act;