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 October 29, 2010, the Defendant received a summary order of KRW 1 million for a violation of road traffic law (drinking) from the Daegu District Court Kimcheon-cheon branch on September 30, 201, a summary order of KRW 5 million for the same offense in the same court on September 30, 2013, and a summary order of KRW 5 million for the same offense in the same court on September 28, 2016, respectively.

[2] Although Defendant 1 had had a record of driving alcohol more than twice as above, Defendant 2 driven C City 110 occ in the state of under the influence of alcohol content of approximately 0.082% in the 2km section from the upper end of 362m to the long distance of the Gu-U.S. Si, Si, Gu-Si, Si, Gu-si, Si, Si-si, Si-si, Si-si, in around 0:50 on September 3, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries into the circumstantial records of drivers who take driving and the results of crackdown on drinking driving;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, report on investigation (report on the previous convictions of the disposition and report on the results thereof, and attachment of judgment to A by the suspect);

1. The provision of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime under the relevant provision of the Act;

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 crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Act is an unfavorable circumstance to the defendant, such as the fact that the defendant, who had been punished on two or more occasions due to drinking driving, is not good to the nature of the crime, and the defendant has already been subject to criminal punishment on several occasions including suspended sentence of the same crime.

However, the fact that the defendant recognizes the crime of this case and reflects the mistake, and that the risk of drinking driving is less than that of the motor vehicle, etc. is favorable to the defendant.

In addition, the above circumstances and other blood alcohol concentration level at the time of driving the instant drinking, and the Defendant’s age, sexual behavior, intelligence and environment, motive, means and consequence of the crime.