A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Punishment of the crime

On September 28, 2010, the Defendant received a summary order of KRW 2 million for a crime of violating road traffic law at a general military court of the 51th Military Court, and a summary order of KRW 5 million for the same crime at the Daejeon District Court on May 28, 2015, respectively.

A person who violated Article 44(1) of the Road Traffic Act not less than twice, as above, was driving a B-hand car at around 06:35, Feb. 5, 2017, under the influence of alcohol level of about 300 meters from the road in front of the Pyeong Sea State in the Yacheon-gun, Yacheon-gun, Yacheon-gun, an Eup around February 5, 2017 to the road in front of the same Eup/Myeon in the center of the Eup/Myeon.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on driving alcohol;

1. Records of the judgment: The application of inquiry letter, such as criminal history, and the application of each summary order statutes;

1. Relevant provisions of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

2. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

3. The Defendant, on the grounds of sentencing under Article 62(1) of the Criminal Act, has already been punished twice by a fine due to drinking driving, and again committed the instant crime.

The alcohol concentration level in blood was 0.108% higher.

On the other hand, the driving distance itself was relatively short, and the crime did not lead to a traffic accident.

The defendant seems to have committed a crime and committed a mistake.

In addition, taking into account all the sentencing conditions revealed in the trial process of this case, it is right to suspend the execution of imprisonment with prison labor rather than the sentence of the defendant.

Punishment shall be determined as per the text of the report.