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 March 14, 2003, the Defendant received a summary order of KRW 2,50,000 from the Changwon District Court to a fine of KRW 1,00,00 as a crime of violating the Road Traffic Act (driving) at the Changwon District Court on July 6, 2007, a fine of KRW 70,000 as a crime of violating the Road Traffic Act (driving), and on January 10, 201, the same court received a summary order of KRW 2,50,00 as a crime of violating the Road Traffic Act (driving).

On December 26, 2016, the Defendant driven a Category B car with approximately 200 meters wide B car at the same dong from the front Do of Grand City to the Do square located in the same dong while under the influence of alcohol content of 0.144% during blood transfusion around 19:30%.

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

The application of the Act and subordinate statutes on inquiry, such as the defendant's legal statement of the driver's oral statement and criminal history of the defendant, and the investigation report (the same type and summary order).

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

2. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

4. Order to provide community service and attend lectures under Article 62-2 of the Criminal Act;