A defendant shall be punished by imprisonment for not more than ten 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 July 24, 2006, the Defendant received a summary order of KRW 3 million for a crime of violating road traffic laws in the Gunsan Branch of the Jeonju District Court on July 24, 2006, and a summary order of KRW 4 million for a crime of violating road traffic laws (drinking) in the same court on May 21, 2009, respectively.

[2] On May 25, 2017, the Defendant driven BMW car under the influence of alcohol with approximately KRW 0.183% alcohol concentration from the 70-meter section from the west-gu, Sinsan-si, Sinsan-si, Sinsan-si to the boundary of the red source located in the same Dong to the boundary of the red source located in the same Dong.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (related to measurement of suspect blood), and inquiry into the results of crackdown on drinking driving (blood collection results);

1. Previous convictions in judgment: Application of the Acts and subordinate statutes to refer to inquiries, such as criminal history, and report on investigation (Attachment to the summary order, etc. of the same case);

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

2. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

4. The grounds for sentencing under Article 62-2 of the Criminal Act for orders to provide community service and attend lectures [unspecified sentencing guidelines] and the following circumstances, including the defendant's age, sex, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., the sentence as ordered shall be determined.

The favorable circumstances: Recognizing the crime of this case, it is against the law.

Unfavorable circumstances: The crime of this case has been committed in spite of the record of four times of punishment due to the crime of drinking driving.

The alcohol concentration in blood is considerably high by 0.183%.

Other circumstances: When the defendant was finally punished for a crime of drinking driving, a reasonable interval was taken into account from the year 2009 to the time of the crime of this case.