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 March 23, 2007, the Defendant was issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act (drinking driving) at the Busan District Court's Dong Branch, and KRW 2 million for a same crime at the same court on May 10, 2016.

On October 22, 2017, around 04:30, the Defendant driven a B-car owned by the Defendant under the influence of alcohol 0.107% alcohol concentration from the front of the hotel in the city of Busan, Dong-dong, Busan, to the front of the 2 tunnel in Man-dong, Young-dong, Chungcheongnam-dong, Man-dong.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving;

1. Previous convictions: A written inquiry about criminal history and application of the same criminal records and the same criminal records statutes;

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 to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order and the order to attend a lecture is that the defendant was sentenced to four times of a fine due to traffic crime and one time of a suspended sentence, and the defendant was punished by a fine, which makes it difficult to achieve the purpose of the punishment. However, the above suspended sentence is considered as a favorable condition in which the defendant's prior conviction was ten years prior to the above suspended sentence, and the defendant's age, sex, environment, motive, means and consequence of the crime, and other various sentencing conditions specified in the arguments of this case, such as the defendant's age, sex, environment, motive, means and consequence of the crime, shall be considered, and the execution of the sentence