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

[2] On October 22, 2013, the Defendant received a summary order of KRW 4 million as a crime of violating the Road Traffic Act (driving) at the Daejeon District Court, and on April 24, 2014, the Defendant received a summary order of KRW 5 million due to a violation of the Road Traffic Act (driving) at the Suwon District Court.

[Criminal facts] On June 14, 2017, the Defendant driven a vehicle B while under the influence of alcohol level of about 0.114% at the section of about 2 km from the front of a mutually influent restaurant located in the Seo-gu, Seo-gu, Daejeon, Seo-gu, Daejeon to the road in front of the Guwon, Seo-gu, Daejeon.

Accordingly, the Defendant, who violated the prohibition on drinking at least twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

Summary of Evidence

【Criminal Facts】

1. Statement by the defendant in court;

1. A report on the circumstances of driving at home, a report on the circumstances of the driver at home, and an investigation report (a report on the driver at home);

1. Inquiries about the result of crackdown on driving alcohol [the criminal records as stated in the judgment];

1. Written inquiry about criminal history, etc. (A);

1. Application of statutes governing judgment;

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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The punishment as ordered shall be determined by comprehensively taking into account the following circumstances of sentencing under Article 62-2 of the Criminal Act: Defendant’s age, occupation, sex, family relationship, and circumstances before and after the commission of the crime, and other conditions of sentencing indicated in the records.

The fact that there has been two times of punishment due to the violation of the Road Traffic Act (drinking driving), confessions and reflects that there has been a record of punishment.