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

【Criminal Records of Crimes】 On May 28, 2008, the Defendant received a summary order of KRW 1 million as a crime of violating road traffic laws (drinking driving) at the Seoul Central District Court on May 28, 2008, and on May 21, 2018, a fine of KRW 3 million was issued to the Seoul Northern District Court on May 21, 2018.

【Criminal fact-finding on April 11, 2018, the Defendant driven CN-si car in the state of alcohol with approximately 11k alcohol concentration of about 0.116% from the 11km section in Seoul, Nowon-gu, Nowon-gu, Seoul to the 28-ro, Nowon-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the detection of a primary driver;

1. Previous conviction: Inquiry about criminal history and application of the Acts and subordinate statutes reporting criminal history;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The Defendant had already been punished for drinking alcohol driving several times, and again repeated the instant drinking alcohol driving, despite the record of the observation of protection and the order of community service under Article 62-2 of the Criminal Act.

In other words, the driving of drinking in this case at the time of the last month from the date and time of the crime before the driving of drinking, which has recently been issued a summary order, is judged to have a little awareness of the crime of driving of drinking.

In addition, the driving of drinking alcohol in this case caused a traffic accident, and it is inevitable to choose imprisonment with prison labor for the defendant.

However, the suspension of execution was decided in consideration of the circumstances, such as the fact that the vehicle operated by the defendant is covered by a comprehensive insurance, that the victim was only agreed with the victim of the traffic accident, that the defendant has not been punished until the suspension of execution, that the defendant has no record of punishment more than the suspension of execution, that the defendant has divided his mistake and reflects.

In order to prevent recidivism, it was ordered to observe the protection to prevent recidivism.