A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

On November 21, 2008, the Defendant was issued a summary order of KRW 2 million due to a violation of the Road Traffic Act (drinking driving), etc., in the leisure support by the Friwon method, and on July 30, 2010, the Defendant was issued a summary order of KRW 3 million due to a violation of the Road Traffic Act (dacting driving) in the same court.

Criminal facts

On December 1, 2015, the Defendant driven a B Poter under the influence of alcohol level of about 0.154% in a section of about 1km from the front of the central steel point in the two near Pyeong-gun, Yangyang-gun, Yangpo-gun, to the parallel parallel road at the upper end of the Pyeong-gun, Yangpo-gun.

As a result, the Defendant, even though he violated the prohibition on drinking more than twice, was driving again.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of crackdown on drinking, inquiry of the results of crackdown on drinking driving, and a circumstantial report of the driver of drinking;

1. Previous convictions: Inquiry of criminal history, investigation report (verification of criminal history of suspect drinking driving), application of summary order-related Acts and subordinate statutes;

1. Relevant legal provisions 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;

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. In light of the fact that even though there was a history of punishment due to the driving of drinking alcohol for the reason of sentencing under Article 62-2 of the Criminal Act, an order to attend a lecture again leads to the crime of this case, it is necessary to impose a strict punishment

However, the punishment was determined in consideration of the fact that the defendant led to a crime and reflects, and that there is no other record of crime other than the fine punishment due to drinking and driving without a license on two occasions.