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 history] On September 15, 2009, the Defendant was sentenced to a fine of KRW 700,000 as a crime of violating the Road Traffic Act (driving) at the Busan District Court, and a fine of KRW 4 million as a same crime in the same court on August 5, 2014.

[Criminal facts] On May 9, 2017, the Defendant driven B car with alcohol content of about 0.100% from around 300 meters away from the 300-meter section to the front road of the 300-meter water pumping station located in the same Ri, which is located in the Dong-gu Seoul Metropolitan City, Mandong-gu, Manyang-si, Seoul Metropolitan City, at around 13:20.

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 report on the detection of a primary driver and a report on the circumstances of the primary driver;

1. Previous conviction in judgment: Application of a reply letter to inquiry, such as criminal history;

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. The sentencing conditions indicated in the records, such as the Defendant’s age, environment, motive, means and consequence of the crime, etc., shall be determined by taking into account the fact that there was a record of multiple punishment for the same kind of crime for sentencing under Article 62-2 of the Criminal Act, and the sentencing conditions indicated in the records after the crime was committed.