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 18, 201, the Defendant was issued a summary order of KRW 2 million with a fine of KRW 1 million for a crime of violating the Road Traffic Act at the Changwon District Court on April 18, 201, and a fine of KRW 2.5 million with the same crime at the same court on January 13, 2014, respectively.

Although the Defendant was punished twice or more due to drinking driving as above, on March 17, 2018, he again driven a 1 km B rocketing car up to the front of the Seocho Apartment Apartment apartment located in the Seocho-gu, Changwon-gu, Changwon-ro 82, an Eup chillro-ro 82 under the influence of alcohol content at around 22:45, the Defendant was under the influence of alcohol content at around 0.177% during blood transfusion.

Accordingly, the Defendant, who violated Article 44(1) of the Road Traffic Act not less than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (verification of the same kind of force);

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 (Confession and reflect) 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, sexual conduct, environment, motive and circumstances after the crime, etc., as stated below the grounds for sentencing under Article 62-2 (1) of the Criminal Act, shall be determined as ordered by the court below.

Unfavorable circumstances: The defendant has a record of being punished for driving alcohol, and the drinking value of this case is high.

The favorable circumstances: The defendant reflects his mistake and has no record of punishment exceeding the fine.