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 June 16, 201, the Defendant issued, at the Daejeon District Court, a summary order of 2.5 million won for a crime of violating the Road Traffic Act, and on September 5, 201, a summary order of 1.5 million won for a crime of violating the Road Traffic Act.

On December 19, 2016, the Defendant driven a BP e-sports car with approximately 40m alcohol content of approximately 0.115% alcohol content in blood, while under the influence of alcohol, from the e-mail in front of the restaurant “Cheongic Vibration B” in Seo-gu, Seo-gu, Daejeon at around December 21, 2016.

Accordingly, the defendant, even though he had the influence of driving under the influence of alcohol more than twice, once again driven under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. An inquiry of the details of the crackdown, the results of the crackdown on drinking driving, the circumstantial statement of the driver under driving, and the notification of the results of the crackdown on drinking driving;

1. Application of replys to inquiries, such as criminal history, and reports on investigation (reports on attachment of judgments on the same kind of case against the suspect);

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 sentencing conditions indicated in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the crime, under the grounds for sentencing under Article 62-2 of the Criminal Act, shall be determined as ordered by taking into account the following circumstances:

Unfavorable circumstances: The facts that the instant crime was committed once again despite the past record of punishment for driving under drinking twice or more; the circumstances favorable to the fact that alcohol concentration was considerable at the time of committing the crime: Three times the past record of the same crime, but all of them were fines, five years prior to the past record of the final crime of driving under drinking, and the confession and rebuttal are being taken into account.