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 one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On March 25, 2010, the Defendant received a summary order of fine of one million won or more due to a violation of road traffic laws in the Jeonju District Court's military support on March 25, 2010, and a summary order of 1.5 million won or more due to the same crime in the same court on February 25, 2013.

On April 4, 2018, the Defendant driven a coo car in B while under the influence of alcohol content of approximately 0.092% at a distance of about 500 meters from the front of the restaurant “Saman-gu, B, Sacheon-gu, B” to the front day of the 19:00 Sinsan-si transportation route around 19:00 on the same day.

As a result, the Defendant, who committed a crime of violating the Road Traffic Act at least twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement statement report, investigation report (report on the circumstances of the driver under the influence of alcohol), notification of the results of crackdown on the driving of alcohol, and investigation report;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to the summary order of the same kind of power);

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

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 reason for sentencing under Article 62-2 of the Criminal Act is that the defendant committed again the crime of this case even though he had the same criminal history, is disadvantageous circumstances, but it is favorable that the defendant's mistake is divided.

Considering such circumstances and the degree of alcohol level at the time of the instant crime, the sentencing conditions shown in pleadings, such as the Defendant’s age, sexual behavior, environment, motive, means and consequence of the instant crime, etc. shall be determined as ordered by taking into account the following factors: