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

[criminal history] On August 1, 2014, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating road traffic law in the Daegu District Court Kimcheon-cheon, and on June 9, 2016, the Defendant was issued a summary order of KRW 1.5 million for the same crime in the same court.

[2] On March 27, 2017, around 03:40, the Defendant driven a Bben E220-car under the influence of alcohol content of approximately 0.086% in blood from around 1km to the 4-lane 52, old-si, Song-si, Song-si, Song-si, Seoul, to the front of the 52-ro, YOsi-si, the Defendant driven a car with approximately 1km alcohol content of approximately 0.086% in blood.

Accordingly, although the defendant had been punished more than twice as a crime of violating the Road Traffic Act, he once again driven a motor vehicle while under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving at home, report on the circumstances of the driver at home, and inquiry into the results of crackdown on drinking;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, reporting on the previous convictions of each disposition, and application of each summary order Acts and subordinate statutes;

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 among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act, even though the Defendant had had a record of criminal punishment twice due to driving under drinking, the Defendant committed the instant crime of driving under drinking.

However, the defendant is re-competing.

In the above circumstances, the punishment as ordered shall be determined by comprehensively taking into account the following circumstances: (a) Defendant’s age, sex, family relationship, and circumstances after committing the instant crime, including the Defendant’s blood content, equity in similar cases, and the Defendant’s age, sex, family relationship, and the like