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 July 26, 2010, the Defendant was issued a summary order of KRW 2.5 million by the Changwon District Court for a crime of violation of road traffic law (drinking) at the Changwon District Court on July 26, 201, and a fine of KRW 3 million by a crime of violation of road traffic law (drinking) at the Changwon District Court on August 18, 2010.

[Criminal facts] On June 18, 2017, the Defendant driven a 500-meter bw and 3 freezing truck in front of the Don Don Don Don Don-dong, which is in front of the Don Don Don Don-dong, while under the influence of alcohol content of 0.18% during blood transfusion at around 00:20 on June 18, 2017.

Accordingly, the defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the situation of the driver at the main place and report on the situation of the driver at the main place;

1. Previous convictions in judgment: The application of Acts and subordinate statutes to inquire about criminal history and report on investigation (a summary order accompanied);

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;

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 Article 62-2 of the Criminal Act on the part of the Defendant committed a second offense without being aware that he had been punished five times due to drinking, even though he had a record of being punished five times due to drinking.

The degree of undertoxicatedness is not somewhat weak.

However, the defendant is going to reflect misunderstanding in depth and not repeat again.

On the other hand, the distance of the vehicle was not long, and it did not lead to an actual accident.

The previous criminal records of the same kind have been punished by a fine, and there have been no criminal records of the same kind within the past five years, and there have been no criminal records of the suspension of execution.

In addition, the sentencing conditions, such as the age, sex, environment, circumstances, and circumstances after the crime, shall be comprehensively considered, and the punishment shall be determined as per the order.