A defendant shall be punished by imprisonment with prison labor for up to 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 December 5, 2011, the Defendant was sentenced to a summary order of a fine of one million won for a crime of violating the Road Traffic Act at the Jung-gu District Court on December 5, 201, and imprisonment with prison labor for a crime of violating the Road Traffic Act in the same court on October 18, 2012.

On April 12, 2016, at around 23:30, the Defendant driven a Bco-sports car under the influence of alcohol content of approximately 3 km from a section of approximately 0.106% of alcohol content from the front of the Lyart Island, which is in Yangju City, to the front of the Lyart, which is in the Socdong in the same Socdong.

Accordingly, the defendant, who violated the prohibition of 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. Inquiries about the results of crackdown on drinking driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (verification of drinking records not less than twice);

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. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The Defendant’s age, sex, intelligence and environment, motive, means and consequence of the crime, and other factors for sentencing as stipulated in each subparagraph of Article 51 of the Criminal Act, such as the circumstances after the crime, etc., are considered for the above reasons, even though there are many kinds of records of punishment including punishment due to drinking driving, etc., such as punishment due to drinking, etc., and the fact that the Defendant committed the crime of this case again despite the fact that alcohol concentration in the blood is relatively favorable: The court is reflected in recognizing the Defendant’s mistake.