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 two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On June 25, 2008, the Defendant received a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act, and a summary order of KRW 3 million as a fine for a violation of the Road Traffic Act at the Jung-gu District Court on October 20, 201, respectively.

On April 23, 2016, around 10:28, the Defendant driven a B-hand car with a blood alcohol content of about 0.101% from the section of approximately 1 kilometer from the road 59-ro 937, Yangju-si, Yangju-si, Yangju-si, to the road in front of Yangju-si.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of running a motor vehicle under consideration, and the statement on the state of standing of the motor vehicle under consideration;

1. Previous convictions in judgment: Application of criminal records and investigation reports (previous and confirmation) and Acts and subordinate statutes;

1. Relevant Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime;

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act is a convenient means of transportation. However, since the dangerous articles may be inferred with a dangerous weapon, a person who operates an automobile is obliged to obtain a license and operate an automobile with due care in normal conditions.

In particular, drinking driving may lead to large accidents by driving under a state where the ability to exercise due diligence and physical exercise has been significantly deteriorated, and it is highly dangerous as it may cause serious harm to unspecified persons.

In light of the above risk of drinking driving, it is necessary to punish the defendant who has already been punished not less than twice due to drinking driving.

However, the fact that the defendant is able to repent of wrong, and the fine is imposed for the same kind of crime.