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

On June 30, 2010, the Defendant was sentenced to juvenile protection transfer from the Suwon District Prosecutors' Office due to a violation of the Road Traffic Act (drinking driving), etc. on the part of the Defendant. On March 30, 2016, the Defendant was sentenced to a summary order of KRW 5 million for a violation of the Road Traffic Act (drinking driving) at the Suwon District Prosecutors' Office.

On November 12, 2017, at around 23:10, the Defendant driven B rocketing car with alcohol content of 0.166% at a distance of 1.2 km from around the apartment complex of the 45 Sinsan-si to the shooting distance in front of the oil station in the same Sin-dong-ro 1 from the vicinity of the apartment complex of the 1.2km.

Accordingly, the Defendant, even though he had been able to violate Article 44(1) of the Road Traffic Act twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Notification of the results of regulating drinking driving;

1. Written inquiry about criminal history, etc.;

1. Application of Acts and subordinate statutes to each investigation report (the attachment of the previous summary order and the forwarding of the same military force juvenile protection case);

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 (including circumstances favorable to the examination in the following cases);

1. Article 62 (1) of the Criminal Act on the suspension of execution (The subsequent consideration has been made for favorable circumstances);

1. The grounds for sentencing under Article 62-2 of the Criminal Act, comprehensively taking into account the following circumstances and the Defendant’s age, family relation, sex, environment, motive and background of the crime, means and method of the crime, and the circumstances after the crime, etc., the sentence as ordered shall be determined.

[ favorable circumstances] The Defendant acknowledged his mistake while making a confession of the instant crime, the Defendant did not cause other damages, such as traffic accidents, and the Defendant did not have any record of punishment exceeding the fine, and the surrounding persons of the Defendant.