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

[criminal history] The defendant was issued by the Changwon District Court on March 23, 2009 a fine of one million won for a crime of violating the Road Traffic Act (drinking driving), and on November 22, 2010, a fine of one million and five hundred thousand won for a crime of violating the Road Traffic Act (drinking driving) by the same court on November 22, 201.

[Criminal facts] On July 23, 2017, the Defendant driven a bit B east 1 kilometer up to the road front of the 119 Safety Center located in Kimhae-si, in front of the 119 Safety Center, while under the influence of alcohol level of 0.079% among the blood transfusion around 01:10 on July 23, 2017.

Accordingly, the defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. Previous convictions in judgment: Application of inquiry statements, investigation reports (formers and attachment of written judgments), such as criminal history;

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 to mitigate small amount;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act is that even though the Defendant had been punished twice due to driving of drinking alcohol, the case is not easy in light of the fact that the instant crime was committed.

However, in consideration of the fact that the defendant is against the crime of this case, drinking volume, and other criminal defendant's age, sex behavior, environment, motive, means and result of the crime, the circumstances after the crime, etc., the punishment like the order shall be sentenced.