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

[criminal history] On May 19, 2008, the Defendant was issued a summary order of KRW 2.5 million by the Changwon District Court for a crime of violation of Road Traffic Act (driving) and a summary order of KRW 2.5 million by the same court on January 3, 2011, respectively.

[2] On November 28, 2017, at around 00:50, the Defendant driven a b car under the influence of alcohol with approximately KRW 0.069% alcohol concentration from the 1km section from the 3-lane public parking lot located in the 6-lane 26-gil-gu, Changwon-si, Changwon-si, Seoul, to the 1019 Seojin apartment apartment road located in the 1019-gu, Changwon-si, Changwon-si.

Accordingly, the Defendant, who violated the prohibition on drinking at least twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Response to a request for appraisal;

1. Previous convictions: Application of Acts and subordinate statutes of inquiry, such as criminal history, reply to inquiry, investigation report (reports attached to summary order of the suspect's previous history);

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 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 account of the defendant’s age, sex, environment, motive, means and consequence of the crime, circumstances after the crime, etc.

Unfavorable circumstances: The crime of this case was committed even though there was a record of two times of punishment for the same crime.

The favorable circumstances: The crime of this case is against the law.

There is no record of punishment of suspended sentence or heavier for the same crime.