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 6, 2012, the Defendant received a summary order of KRW 1,50,000,000 as a fine for a violation of road traffic law in the Busan District Court's Dong Branch branch branch branch branch ( drinking), and on August 26, 2016, a fine of KRW 1,50,000 as a fine for a violation of road traffic law (driving under drinking) from the Gwangju District Court's Branch branch.

[2] On July 17, 2017, the Defendant driven B 5 automobiles under the influence of alcohol with approximately 0.063% alcohol concentration in blood at a section of about 200 meters to the front road in front of a restaurant in which the trade name near the upper south-dong in Sungwon-si, Sungwon-si is unknown.

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 conviction in judgment: Inquiry about criminal history and application of Acts and subordinate statutes of each summary order;

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 under Article 62-2 of the Criminal Act, the Defendant already committed a second offense without being aware of the fact that he had been punished twice due to drinking driving.

The above-mentioned criminal records have been repeatedly committed for a short period of time by being punished twice by driving without a license, as well as for the last five years.

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

The distance of driving without the degree of alcohol is also a path.

The accident did not lead to the actual accident.

It seems that the previous vehicle has been disposed of and the vehicle has no longer been owned.

The previous convictions had been sentenced to a fine in full, and suspended execution.