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 April 4, 2008, the Defendant received a summary order of one million won or more as a fine for a crime of violating the Road Traffic Act (drinking driving), a summary order of one million won or more as a fine for the same crime in the same court on December 11, 2009, and a summary order of five million won or more as a fine in the same court on April 4, 2012, respectively.

On February 25, 2018, the Defendant driven B car under the influence of alcohol content of approximately 0.095% from around 800 meters away from a Do near the death-driven elementary school in Gyeonggi-si, Gyeonggi-do, to the 16 Sungnam-si, Gyeonggi-si, Geng-si, Gyeonggi-do, to the next road of Gyeonggi-do, G car under the influence of alcohol content of about 0.095%.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (report on the situation of the driver in charge) and report on the detection of drinking alcohol;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

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.

In light of the fact that the defendant had been punished twice for the same criminal records, he/she had a drinking again, and the nature of the crime is heavy.

However, in consideration of the fact that the defendant is against the defendant, the gap between his previous conviction and the crime of this case, and there is no previous conviction exceeding the fine, etc., the punishment shall be determined as per the order.