A defendant shall be punished by imprisonment with prison labor for up to 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 September 28, 2012, the Defendant was issued a summary order of KRW 1,50,000,000 by a fine for a violation of road traffic law at the Daejeon District Court on September 28, 2012 and KRW 7 million by the same court on May 18, 2015, respectively.

On November 10, 2017, the Defendant was under the influence of alcohol content of 0.19% during blood transfusions around 04:55, and was driving a B Pote motor vehicle at the section of approximately 2.5 km from the pre-road of the mutual influent main station located in the Seo-gu Daejeon-dong, Seo-gu, Daejeon to the front-gu, 2158, Seocheon-gu, Seocheon elementary school located in the same city.

As a result, the Defendant again driven a motor vehicle while under the influence of alcohol, who violated the prohibition of drinking at least twice.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the circumstances of driving under drinking, a report on the results of regulating driving under drinking, and a report on the circumstances of the driver under drinking;

1. Written inquiry about criminal history, etc.;

1. Application of Acts and subordinate statutes to each investigation report and inquiry report;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act (referring to driving under influence of alcohol) applicable to the facts constituting an offense, the choice of punishment for imprisonment, and the choice of punishment;

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. Although taking lectures and community service order twice the same force of sentencing under Article 62-2 of the Criminal Act, if considering the repeated driving of drinking and the fact that drinking values are considerably high, the defendant should be punished strictly. However, the fact that the defendant's mistake is recognized and rebuttals, and all of the sentencing conditions shown in the records, such as the defendant's age, sexual behavior and home environment, shall be determined as ordered by taking into account all of the following factors.