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

[criminal history] On May 22, 2009, the Defendant was sentenced to a summary order of KRW 700,000 to a fine for a violation of the Road Traffic Act at the Gwangju District Court, and on August 16, 2012, the Defendant was sentenced to imprisonment for six months and two years of suspended execution with the same crime at the Seoul Northern District Court.

[2] On August 5, 2017, Defendant 1: (a) was punished twice or more due to drinking driving; (b) was under the influence of alcohol by around 19:25 on August 5, 2017, Defendant 1 driven a car with B string in the area of about 2 km from the vicinity of the fire-fighting movement in the northwest-gun to the Domnsan Highway, which is located in the head of the Donsan-gun-gu, Donnam-gu, the military territory of the Republic of Korea, with a alcohol level of 0.10%.

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 convictions in judgment: Application of a reply to inquiry, such as criminal history, and application of Acts and subordinate statutes to investigation reports (referring to binding decisions, etc. on the same type

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

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 crime of driving under the influence of alcohol for sentencing under Article 62-2 of the Social Service Order Criminal Act is a crime that may infringe not only the driver but also the lives and bodies of citizens using roads, and requires strict punishment.

The punishment shall be determined as per the order by comprehensively taking into account all the factors of sentencing as shown in the records and arguments of this case, such as the fact that the defendant is against the defendant, the age, environment, sex, motive and means of the crime, circumstances after the crime, etc.