A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

【The Defendant was issued a summary order of a fine of three million won for a crime of violating road traffic laws at the Seoul Northern District Court on May 30, 2007, and on November 13, 2013, the Seoul Northern District Court issued a summary order of a fine of four million won for a crime of violating road traffic laws.

【Criminal facts” around 00:40 on February 5, 2018, the Defendant driven BSM 5 automobiles while under the influence of alcohol content of about 0.075% in blood on the section of approximately 200 meters from the road in front of the Seo-gu in Seoul Special Metropolitan City, Nowon-gu, Seoul to the road in front of the Seocheon-gu Offset-dong, Seoul Special Metropolitan City, Nowon-gu, to the road in front of 804, 195.

Therefore, even though the Defendant violated the prohibition clause on drinking at least twice, he again driven a motor vehicle while under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

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 (the point of drinking alcohol) concerning facts constituting an offense and the choice of imprisonment with prison labor;

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 Code of the Order of Education and the Order of Community Service have already been subject to criminal punishment on four occasions, and the defendant has recently committed the crime of drinking continuously in the year 2013 and year 2014. Nevertheless, the defendant committed the crime of this case without being able to do so, and the defendant seems to have a habit of drinking driving.

Moreover, it is sufficient to punish a person who causes a traffic accident due to the driving of drinking in this case, and the defendant seems to be unable to function as a specific punishment, so that he/she may choose imprisonment with prison labor at a time.

However, the reason why the defendant was allowed to drive the drinking of this case is the representative engineer.