A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Criminal facts

On June 28, 2007, the Defendant received a summary order of KRW 1.5 million as a crime of violating the Road Traffic Act at the Busan District Court, and on June 9, 2008, the Defendant received a summary order of KRW 3.5 million as a crime of violating the Road Traffic Act.

On June 9, 2017, the Defendant, while under the influence of alcohol content of 0.139% during blood transfusion around 22:04, driven B rocketing car at a section of approximately 300 meters from the northwest of the industrial commercial distribution store in the same Dong from the trife hotel in the Busan Strifeng-dong to the trife in the same way.

As a result, the Defendant again driven a motor vehicle while under the influence of alcohol, who violated the prohibition of drinking at least twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on driving alcohol and the statement of the situation of the driver under the influence of alcohol;

1. Previous convictions in judgment: Application of inquiries, such as criminal history, replys to inquiries, investigation reports (verification of criminal history, etc.);

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. 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 considered in favor of the reasons for sentencing);

1. Article 62 (1) of the Criminal Act (wholly considering the favorable circumstances) of the suspended execution;

1. The Defendant, on the grounds of sentencing under Article 62-2(1) of the Criminal Act and Article 59 of the Act on the Observation, etc. of Protection, etc. of Persons Ordering Service and Order to Attending, was driving again under the influence of alcohol, even though the Defendant had been punished twice or more due to drinking prior to the instant crime.

At the time of the instant crime, the amount of alcohol concentration among the blood of the Defendant is considerably high.

However, the distance of the defendant's driving is relatively short, and the defendant's driving prior to about nine years prior to drinking is last, and thereafter, the defendant lives without committing any crime until now, and the defendant seems to reflect by recognizing the defendant's late mistake.