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

On August 2, 2012, the Defendant received a summary order of KRW 1 million from the Changwon District Court to a fine of KRW 1 million and a fine of KRW 2.5 million to a crime of violating the Road Traffic Act (drinking driving) at the Changwon District Court on March 30, 2015, respectively.

On September 11, 2017, the Defendant driven a Bbec motor vehicle while under the influence of alcohol content of about 0.094% at approximately 2km from the Cheongwon-si’s Cheongwon-si’s flag and the cafeteria’s road in front of the Cheongwon-si, Changwon-si, and the front road.

Therefore, even though the defendant was punished twice or more due to drinking, he again driven a motor vehicle under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Response to a request for appraisal;

1. Previous conviction: Application of a reply to inquiry, such as criminal history, and a report on investigation (Attachment to the previous summary order) by Acts and subordinate statutes;

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 defendant's reason for sentencing Article 62-2 of the Criminal Act, even though he/she had a record of criminal punishment due to drinking driving, has committed the crime of drinking driving at the same time.

However, the punishment shall be determined as ordered in consideration of the fact that the defendant's crime is recognized, the alcohol concentration and driving distance during the blood of the defendant, and the age, sex, environment, motive and circumstances of the crime, after the crime, etc.