A defendant shall be punished by imprisonment for 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.

Punishment of the crime

On February 1, 2007, the Defendant received a summary order of KRW 3 million for a crime of violating the Road Traffic Act at the Incheon District Court on February 1, 2007. On November 12, 2010, the Defendant received a summary order of KRW 5 million for the same crime from Ansan Support of Suwon Friwon.

Criminal facts

On December 18, 2017, the Defendant driven B, while under the influence of alcohol leveling of about 0.125% from a section of about 500 meters from a section of approximately 500 meters to a road in front of the same Si-gu in the front of the public parking lot in front of the office located in Ansan-si, 41 (Change) to the 39 (private Dong) Go-gu, Sin-gu, Sinsan-si.

Accordingly, even though the Defendant violated the provisions of Article 44(1) of the Road Traffic Act more than twice, he again driven a motor vehicle while under the influence of alcohol in violation of Article 44(1) of the Road Traffic Act.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (report on the situation of the driver in charge); and

1. Previous conviction: Application of Acts and subordinate statutes to inquire about criminal history and report on investigation (Attachment of the previous summary order).

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 suspension of execution (see, e.g., the confession and reflect of the defendant, and the absence of criminal records exceeding the fine);

1. Article 62-2 of the Criminal Act concerning community service and order to attend lectures;