A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On September 10, 2012, the Defendant issued a summary order of a fine of three million won for a violation of road traffic law (drinking driving), and on May 16, 2014, the same court issued a summary order of a fine of four million won for the same crime.

Nevertheless, on April 11, 2017, under the influence of alcohol level of 03:50 percent among blood, the Defendant driven a car at approximately 2 km from the four-meter front road in the Seogu Seogsan-dong, Seogu, Daegu-gu, under the influence of alcohol level of 0.130 percent, to the front road of the same monthly 2km in the same Gu-dong.

As a result, the Defendant, who violated the prohibition on drinking at least twice, was driving under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the situation of a driver driving, notification of the results of crackdown on drinking driving, and inquiry into the results of crackdown on drinking;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (report attached to a copy of the summary order) by 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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., the fact that the defendant reflects his depth, that the defendant has no record of punishment exceeding the fine, and that he is a crime of simple drinking driving);

1. An order to attend a course under Article 62-2 of the Criminal Act;