A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

On November 12, 2010, the Defendant received a summary order of a fine of one million won or more for a violation of road traffic law in the Daejeon District Court's red support on November 12, 201, and on June 25, 2014, the Defendant received a summary order of a fine of one million won or more for the same crime from the same support to the same crime.

피고인은 2018. 6. 2. 21:00 경 수원시 팔달구 고등 동 불상의 도로에서부터 같은 구 향교로 1번 길 6, 교동 짬뽕 앞 도로에 이르기까지 약 700m 구간에서 혈 중 알콜 농도 0.085% 의 술에 취한 상태로 B 모닝 승용차를 운전하였다.

Accordingly, the Defendant, who violated Article 44(1) of the Road Traffic Act more than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver driving a drinking and notification on the results of regulating drinking driving;

1. Previous convictions in judgment: Application of an inquiry letter, summary order, and other Acts and subordinate statutes, such as criminal history;

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 suspended execution;

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, the punishment as ordered shall be determined by comprehensively taking into account all the conditions of sentencing indicated in the records, such as the Defendant’s age, sex, environment, circumstances before and after the instant crime, and the background of the instant crime.

3. Unfavorable circumstances: The circumstances that are favorable to the fact that the defendant has been punished for driving under drinking twice but there is a high possibility of criticism for recidivism: The defendant's mistake and reflects his mistake, and there is no particular penalty in addition to the fine due to driving under drinking twice.