A defendant shall be punished by imprisonment for 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

[criminal history] The defendant was issued a summary order of KRW 3 million for a violation of the Road Traffic Act in order to support the Chungcheong District Court on September 7, 2007, and the defendant was sentenced to a suspended sentence of KRW 6 months for the same crime in the Chungcheong District Court on May 26, 2009.

[2] Although Defendant 1 had been able to violate Article 44(1) of the Road Traffic Act twice or more, Defendant 2 driven an ENEW ENW EF rocketing car at approximately 50 meters away from the 50-meter section, while under the influence of alcohol at around 0.119% during blood, to the front road of the D cafeteria, around August 18, 2017, at around 21:40.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

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

1. The driver's license ledger and the driver's license ledger;

1. Investigation report (report on the situation of the driver in charge); and

1. Previous convictions in judgment: Application of Acts and subordinate statutes to inquire about criminal history and report on investigation (a Attachment to a summary order, etc. of the same kind of power);

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act (the point of drinking alcohol) concerning facts constituting an offense and the choice of imprisonment with prison labor;

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 Defendant, for the reason of sentencing under Article 62-2 of the Criminal Act, has a history of punishing drinking drivers on several occasions. In particular, the Defendant again committed the instant crime even if he/she was sentenced to imprisonment for six months on May 26, 2009 and a two-year suspended sentence due to drinking driving on May 26, 2009.

In consideration of this point, punishment shall be imposed by imprisonment.

However, in light of the fact that the defendant has led to all of the crimes of this case and is against the defendant, and that the defendant has not been punished for driving under drinking for about eight years since 2009, there is a will to improve the habits of driving under drinking.

In consideration of the fact that the suspension of execution is seen, it shall be sentenced once again, and to prevent recidivism.