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 June 13, 2007, the Defendant received a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking driving), a summary order of KRW 2 million for a crime of violating the Road Traffic Act (drinking driving), a fine of KRW 2 million in the same court on January 7, 2008, and a summary order of KRW 3.5 million for a crime of violating the Road Traffic Act (drinking driving) in the same court on December 16, 2010, respectively.

Criminal facts

The Defendant driven a motor vehicle under the influence of alcohol on March 26, 2007, November 19, 2007, and November 10, 2010, and operated B Q7 motor vehicle under the influence of alcohol at least twice, and on September 16, 2017, the Defendant driven a motor vehicle under the influence of alcohol at least 0.058% with alcohol content from the 50-meter section of alcohol content to the 20-day road of the same Eup/Myeon.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment, etc. of the previous text and a copy of the summary order);

1. The provision of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime under the relevant provision of the Act;

1. Articles 53 and 55(1)3 of the Criminal Act (the alcohol content in blood is not high by 0.058%, the driving distance of alcohol is about 500 meters, and the crime of this case is reflected after recognizing the crime of this case);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act leads to the defendant's previous conviction of drinking alcohol and four times.

However, the punishment shall be determined in consideration of the fact that the alcohol content was not high by 0.058% among the bloods at the time of the instant case, that was excessive by 500 meters from the drinking driving distance, and that it was against the instant crime, while recognizing the instant crime.