A defendant shall be punished by imprisonment for six months.

except that 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

On June 3, 2013, the Defendant was issued a summary order of KRW 4 million by a fine for a violation of the Road Traffic Act at the Cheongju District Court on June 3, 2013, and on April 22, 2014, the Defendant was issued a summary order of KRW 7 million by the same court on April 22, 2014.

On May 16, 2015, at around 01:30, the Defendant driven a motor vehicle with DNA alcohol content of about 300 meters from the front of the new bank located in the central road of Jincheon-gun, Jincheon-gun, Jincheon-gun, Jincheon-gun to the front road of the Jincheon-gun, Jincheon-gun, Jincheon-gun, Jincheon-gun, Jincheon-gun, the Defendant was under the influence of alcohol content of about 0.157%.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Fact-finding report, notification of the results of crackdown on drinking driving, inquiry of the report on detection of drinking drivers, and circumstantial report of drinking drivers;

1. Previouss before ruling: Application of criminal records, repeated statements, investigation reports, and Acts and subordinate statutes;

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The reason for sentencing under Article 62(1) of the Criminal Act, even though the defendant had been punished twice due to drunk driving in the last two years, he/she again driven under the influence of alcohol without being able to do so.

In this case, the drinking level of this case is relatively high, and the defendant was driving under the influence of alcohol and caused a traffic accident.

On the other hand, the defendant reflects his mistake, and there are no criminal records other than those for drinking twice.

In addition, in consideration of the age, character and conduct, environment, and all other circumstances shown in the pleading of this case, the defendant shall be sentenced to the same punishment as the order.

It is so decided as per Disposition for the above reasons.