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 history] On November 1, 2006, the Defendant was sentenced to a fine of one million won for a crime of violating the Road Traffic Act (drinking driving) at the Incheon District Court on November 1, 2006 and a fine of five million won for a crime of violating the Road Traffic Act (dacting driving) at the same court on December 31, 2014.

[2] On June 30, 2017, around 02:03, the Defendant driven a BM3 car owned by himself under the influence of alcohol content 0.125% while under the influence of alcohol content 0.125% in blood, as it was within the same city transmission from the front day of the 265-gil-dong, Busan Metropolitan City to the front road of the 17-hyppp.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking and a statement in the circumstances of the driver of drinking;

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

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 reasons for sentencing under Article 62-2 of the Criminal Act include: (a) under the unfavorable circumstances, the Defendant committed the instant crime even though he had the record of being punished two times or more due to drinking driving; and (b) the degree of alcohol alcohol level from blood transfusion reaches 0.125%; and (c) considering the favorable circumstances, such as the Defendant’s confession and reflects his mistake while making a confession, the sentence like the order shall be determined by taking into account the various sentencing conditions as shown in the instant argument.