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 November 24, 2006, the Defendant issued a summary order of a fine of KRW 3.5 million to a person who violated the Road Traffic Act (drinking driving), and on September 14, 2007, the same court issued a summary order of KRW 2.5 million to a fine for the same crime.

On July 2, 2017, the Defendant driven C rocketing car under the influence of alcohol content of 0.192% in the direction of 200 meters prior to Suwon-si, Suwon-si B, Suwon-si.

As a result, the Defendant, even though he had been punished twice due to drinking, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Reporting of a traffic accident (1) (2);

1. Written inquiry about criminal history, etc.;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment to the same type of power);

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 (including circumstances favorable to the examination in the following cases);

1. Article 62 (1) of the Criminal Act on the suspension of execution (The subsequent consideration has been made for favorable circumstances);

1. The grounds for sentencing under Article 62-2 of the Criminal Act, comprehensively taking into account the following circumstances and the Defendant’s age, family relation, sex, environment, motive and background of the crime, means and method of the crime, and the circumstances after the crime, etc., the punishment as ordered shall be determined.

[ favorable circumstances] The Defendant: (a) led to the confession of the instant crime; (b) has no record of being punished in excess of a fine; (c) has no particular criminal record after around 2007; and (d) has the old mother and a child who has yet to be supported by the Defendant.

(1) [Unfavorable circumstances] The instant crime is a motor vehicle under the influence of alcohol by the Defendant, even though the Defendant had been punished twice due to drinking driving, while under the influence of alcohol 0.192%.