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 May 9, 2012, the Defendant was issued a summary order of KRW 3 million with a fine of KRW 1 million for a crime of violating the Road Traffic Act (drinking driving), and a fine of KRW 2 million with the same crime in the same court on April 13, 2015, respectively.

On May 27, 2017, the Defendant driven BM6 car under the influence of alcohol with approximately 0.141% alcohol concentration from approximately 200 meters around the middle school distance in the middle school located in the territory of Young-gu, 1082, the Young-gu, the Young-gu, the Young-gu, the Young-gu, the Young-gu, the Young-gu, the Young-gu, the 1082, to the Young-gu, the middle school distance in the 1076.

As a result, the Defendant, even though he had been punished twice due to drinking, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of records of drinking alcohol measurement and the results of regulating drinking driving;

1. Statement of the circumstances of the driver involved in driving;

1. Photographs taken at the control place; and

1. Written inquiry about criminal history, etc.;

1. Application of Acts and subordinate statutes to the investigation report (the confirmation of previous records);

1. Relevant Article of the Act and Articles 148-2 (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 (including circumstances favorable to the examination in the following cases);

1. Article 62 (1) of the Criminal Act on the suspension of execution (The subsequent consideration has been made for favorable circumstances);

1. The grounds for sentencing under Article 62-2 of the Criminal Act, comprehensively taking into account the following circumstances and the Defendant’s age, family relation, sex, environment, motive and background of the crime, means and method of the crime, and the circumstances after the crime, etc., the sentence as ordered shall be determined.

[The favorable circumstances] The defendant acknowledged his mistake while making a confession of the crime of this case, and there is no record that the defendant was punished in excess of the fine.

(1) [Unfavorable circumstances] The instant crime drives a car while under the influence of alcohol 0.141%, even though the Defendant had been punished twice due to drinking driving.