A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

On March 8, 2010, the Defendant received a summary order of KRW 2.5 million from the Changwon District Court to a fine for a violation of the Road Traffic Act (drinking driving), and on November 25, 2013, the same court issued a summary order of KRW 1.5 million as a crime of violating the Road Traffic Act (drinking driving).

On April 19, 2016, at around 03:10, the Defendant driven Bbeer or a car while under the influence of alcohol with approximately 0.067% alcohol concentration in blood at the 1km section from the 206-ro, Kimhae-si, Kimhae-si, to the frontway of the fish bank.

Accordingly, the defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the situation of a driver driving, notification of the results of crackdown on drinking driving, and inquiry into the results of crackdown on drinking;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report on investigation (verification of the same type of force);

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. The reason for sentencing under Article 62(1) of the Criminal Act (contributing favorable circumstances among the reasons for sentencing) is that the Defendant again committed the instant crime even though he/she had the record of being punished for the same kind of crime on one occasion even though he/she was sentenced to a fine on two occasions due to a violation of Road Traffic Act, as stated in the facts constituting the crime in the judgment below.

However, the fact that the defendant repents and reflects the wrongness of the defendant, and immediately after the drinking, the driver took the surface of the water, not immediately drive the vehicle (in accordance with the situation report of the driver taking the driving, it is stated that both the defendant's speech and behavior and walking conditions are good), and the amount of alcohol concentration in the blood at the time of driving the drinking of this case remains in the license suspension level, and the defendant has the same kind of crime.