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

On July 6, 2011, the Defendant was sentenced to a summary order of KRW 3 million for a crime of violating the Road Traffic Act (drinking driving) in the leisure support of a water source method source. On December 9, 2011, the Defendant was sentenced to six months by imprisonment with prison labor for the same crime, etc. at the Jung-gu District Court.

On May 1, 2016, the Defendant driven Cart Motor Vehicle under the influence of alcohol content of about 0.161% from around 20 meters from around 13th to around 10th road of 992, Gyeongyang-si, Gyeongyang-si, Gyeongyang-si, Seoul, to around 192.

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 driving a drinking and notification of the results of regulating drinking driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (verification of driving skills under drinking not less than twice);

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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspension of execution (resumed grounds for reduction of amount);

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The period of driving distance in this case is relatively short, and the defendant's age, sexual behavior, environment, and crime is committed, even though he was sentenced to imprisonment for 6 months due to a traffic accident resulting from drinking driving in 2011, the circumstances favorable to the fact that the defendant again drives the drinking of this case although he was sentenced to a punishment for 6 months due to a traffic accident resulting from drinking driving: there was no record of punishment due to drinking or non-licensed driving since 2012; there was no record of punishment due to drinking or non-licensed driving since 2012; while waiting for a substitute engineer, it was controlled while driving approximately 20 meters prior to the due date of Geumdong High School; and the distance in this case is relatively short.