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

[criminal history] On March 15, 2010, the Defendant received a summary order of KRW 6 million from the same court on April 26, 2012 as a fine of KRW 1 million due to a violation of road traffic laws (driving), KRW 4 million due to a violation of road traffic laws (driving), KRW 5 million due to the same court on July 17, 2012, and KRW 5 million due to a violation of road traffic laws (driving), and on February 7, 2014, the same court received a summary order of KRW 6 million due to a violation of road traffic laws (driving), respectively.

[2] On July 22, 2018, the Defendant driven CM7 car under the influence of alcohol with approximately 0.080% alcohol content from the 300-meter section before the Employment Welfare Center located in the same Dong from the Haak-dong, Sungwon-si, Sungwon-si, Sungsan-si to the road before the Employment Welfare Center located in the same Dong.

As a result, the defendant violated the prohibition on drinking at least twice, and once again drives a car while under influence of drinking in violation of the above provision.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);

1. Previous convictions in judgment: Application of Acts and subordinate statutes to inquire about criminal history and report on investigation (report on the previous convictions in the same offense);

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

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 suspended execution;

1. The reason for sentencing Article 62-2 of the Criminal Act on the part of the Defendant committed a second offense without being aware of the history of having been punished four times due to drinking driving.

However, the defendant reflects the wrongness in depth and does not repeat again in the future.

The degree of alcohol was not so severe, but did not reach the actual accident.

It seems that the existing vehicle has been disposed of recently and the vehicle has no longer been owned.

The previous criminal records of the same kind was fully sentenced to a fine, and they were within the last five years, one of them.