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

On September 17, 2008, the Defendant received a summary order of KRW 700,000,000 as a fine for a violation of the Road Traffic Act from the Gangseo branch court of the Chuncheon District Court, and on December 8, 2010, the Defendant received a summary order of KRW 2.5 million as a fine for the same crime in the same court.

On June 26, 2016, around 18:00, the Defendant driven a B-Tech car at approximately 13 km section from the port parking lot located in Gangseo-gu, Jincheon-do through the front door of the air-conditioning apartment located in the same Sinnam-dong to the southnam-dong intersection located in the same Sinnam-dong.

As a result, the defendant was punished for the violation of the Road Traffic Act at least twice, and was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Notification of the control of drinking driving;

1. All on-site photographs;

1. Previous records: Application of inquiry reports and investigation reports, including criminal records, and Acts and subordinate 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. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (hereinafter referred to as the following grounds for sentencing):

1. Article 62 (1) of the Criminal Act ( repeatedly considering the grounds for discretionary mitigation in the preceding);

1. In light of the reasons for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc. [the scope of punishment], six months to one year and six months (the decision of sentence] imprisonment, the frequency and contents of identical power, drinking water in this case, family environment of the defendant, traffic accidents, etc., the punishment against the defendant shall be set within the scope of the term of punishment for which discretionary mitigation has been made, and the execution of the sentence shall be suspended on condition that he shall be put on probation