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 February 28, 2008, the Defendant received a summary order of KRW 3 million as a crime of violating road traffic law (drinking driving) from the Daegu District Court Kimcheon-cheon branch on February 28, 2008. On October 31, 2013, the Defendant received a summary order of KRW 3 million as a crime of violating road traffic law (drinking driving) from the Daegu District Court Kimcheon-cheon branch on October 31, 2013.

Criminal facts

On February 5, 2017, at around 23:50, the Defendant driven a B-low-income vehicle under the influence of alcohol content of about 0.120% in a section of approximately 5 kilometers in front of the private valley high school located in the Gyeong-si, Gyeong-si, Gyeong-si, G-do.

Accordingly, although the defendant had been punished more than twice as a crime of violating the Road Traffic Act, he once again driven a motor vehicle while under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and report on investigation (reports on previous convictions in each disposition and results thereof);

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act (the point of drinking alcohol) concerning facts constituting an offense and the choice of imprisonment with prison labor;

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 fact that the reasons for sentencing under Article 62-2 of the Criminal Act include three times the records of punishment for the defendant due to drinking or driving without a license, and the fact that driving of drinking is likely to cause serious harm to the life or body of another person and that it is necessary to strictly punish the defendant, which is disadvantageous to the defendant.

On the other hand, the fact that the defendant reflects the mistake, and that there is no record of punishment exceeding the fine, etc. are favorable to the defendant.

In addition, the punishment as ordered shall be determined by comprehensively taking into account all the circumstances that form the conditions for sentencing as shown in the records and theories of this case, such as drinking figures, the age, sex, environment, and circumstances after the crime.