A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

[criminal power] On August 21, 2007, the Defendant was issued a summary order of 2.5 million won for the crime of violation of the Road Traffic Act by the Gwangju District Court. On September 4, 2012, the Defendant was sentenced to a suspended sentence of one year for six months for imprisonment with prison labor for the crime of violation of the Road Traffic Act (driving) at the wooden Branch of the Gwangju District Court.

【Criminal Facts】

On September 2, 2016, at around 20:25, the Defendant driven B rocketing car with approximately 500 meters alcohol content 0.053% under the influence of alcohol at a section of approximately 500 meters from the front of the cafeteria cafeteria in Yong-gu, Youngnam-gun to the front of the Samho Library located in the same Eup.

As a result, the defendant has been punished not less than twice due to drinking driving and has driven a motor vehicle under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of drinking drivers, and notification of the results of the control of drinking driving;

1. Previous convictions in judgment: Application of criminal records, reply reports, investigation reports, and statutes;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Although the reasons for sentencing under Article 62-2 of the Criminal Code of the Order to Provide community service and attend lecture had the record of being punished several times for the same kind of crime, the commission of the crime of this case is unfavorable to the defendant, but the fact that the defendant recognized the crime of this case and reflects the fact that the blood alcohol content of the defendant was considerably lower than 0.053% at the time of this case, etc., considering the favorable circumstances for the defendant. In addition, considering the defendant's age, environment, character and behavior, motive and means of the crime, circumstances after the crime, etc., the punishment shall be determined as ordered by the order, and the execution of the sentence shall be postponed.