A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal history] On February 21, 2007, the Defendant was issued a summary order of KRW 700,000,000 as a crime of violating the Road Traffic Act (dacting driving) at the Changwon District Court through the Changwon District Court. On March 21, 2018, the Defendant was issued a summary order of KRW 4 million as an identical crime in the same court.

[2] On February 22, 2018, the Defendant: (a) driven a hack-packed car with alcohol content of approximately 0.097% in blood while under the influence of alcohol from approximately 5km to the front road of the first apartment complex, by finding from the front of the hack-dong in the ancient city on February 22, 2018, 01:40 to the front of the same city.

Accordingly, the defendant, who violated the prohibition of drinking under the Road Traffic Act not less than twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Notification of the results of regulating drinking driving;

1. Report on the circumstances of driving under the liquor:

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and a written investigation report (Attachment to a summary order of the same kind of force, confirmation of suspect summary indictments), and Acts and subordinate statutes;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act (referring to driving under influence of alcohol) applicable to the facts constituting an offense, the choice of punishment for imprisonment, and the choice of punishment;

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 grounds for sentencing under Article 62-2 of the Criminal Act for protecting and observing the order to attend a meeting and taking into account the fact that the Defendant again committed the instant crime, despite the fact that the Defendant had been sentenced to a fine for the same kind of crime, the circumstances leading to driving of drinking, driving distance and driving level, the Defendant’s age, sex, environment, motive for the commission of the crime, circumstances after the commission of the crime, etc., and such other conditions of sentencing as stated in the pleadings are determined as ordered