A defendant shall be punished by imprisonment for six months.

Criminal facts

On August 9, 2010, the Defendant was sentenced to a summary order of 2.5 million won for a crime of violating the Road Traffic Act at the Changwon District Court, and was sentenced to a suspended sentence of 2.5 million won for a crime of violating the Road Traffic Act at the Changwon District Court on June 10, 2016.

On March 24, 2017, the Defendant driven CK5 cars under the influence of alcohol concentration of about 140 meters at the section of about 140 meters from the front of the 12-lane 21, a window of Changwon-si, Changwon-si, 23:48, to the front of the 12-lane 12-gil, the same Gu’s bill, from the front of the 12-lane 38-gil.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and an investigation report (the previous confirmation of such past history);

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act (the conditions favorable to the reasons for sentencing as set forth below) of the Act on the Mitigation of Small Quantity is that the defendant has a depth of and reflects his mistake, and there are some circumstances that may be somewhat taken into account the motive and background leading to the instant crime.

On the other hand, the Defendant committed the instant crime without being aware of the history of punishment for drinking driving even before, and without being aware of the period of suspension of execution due to it, etc., is disadvantageous to the Defendant.

In addition, in full view of the methods and results of the instant crime, various conditions of sentencing, such as the circumstances after the instant crime, the defendant's age, sexual conduct, intelligence, environment, and health status, were determined as the same type of punishment as the order.