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 November 11, 2014, the Defendant was notified of a summary order of KRW 5 million for a crime of violating the Road Traffic Act at the Changwon District Court Branch of the Changwon District Court, and was notified of a summary order of KRW 3 million for the same crime at the same court on October 15, 2012.

[2] On February 22, 2017, the Defendant driven a B-hand car under the influence of alcohol with approximately 0.130% alcohol concentration from the section of approximately 9km from around 50km to 38 roads in the same military letter box from the 4-lane 50, Seogsan-gun, Chungcheongnam-gun, Gyeongnam-gun, Chungcheongnam-gun, Gyeongnam-gun, Gyeongsan-gun, Gyeongsan-do.

As a result, the defendant was driving a motor vehicle under the influence of alcohol not less than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of C and D;

1. A report on the occurrence of a traffic accident, a survey report on actual condition, a report on the detection of a primary driver, and a statement on the circumstances of the primary driver;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (applicable to the suspect's previous conviction and attachment of summary order);

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act applicable to 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. On the grounds of sentencing under Article 62-2 of the Criminal Act, the punishment as ordered shall be determined by comprehensively taking account of the defendant’s age, sex, environment, motive, means and consequence of the crime, circumstances after the crime, etc.

Unfavorable circumstances: The crime of this case was committed even though there were several records of punishment for the same kind of crime.

An accident has occurred while driving under drinking.

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

There is no record of punishment heavier than that of suspended execution for the same crime.