A defendant shall be punished by imprisonment for six months.

However, 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 November 23, 2007, the Defendant was issued a summary order of 2.5 million won for a crime of violating the Road Traffic Act (drinking driving) at the Seoul Western District Court. On March 26, 2009, the Defendant was sentenced to a suspended sentence of 2.5 years for imprisonment with labor for the same crime at the Jung-gu District Court on March 26, 2009.

On October 3, 2017, around 22:54, the Defendant driven a B B B-B motor vehicle under the influence of alcohol concentration of about 0.117% from the 1km section from the roads front of the trade infinite-dong, Dong-dong, Dong-dong, U.S. to the roads front of Schlage.

As a result, the defendant was not allowed to drive a motor vehicle under the influence of alcohol, but has violated it more than twice, and once again driven a motor vehicle under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and statement in the circumstances of the driver of drinking;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to such previous summary order, etc.);

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The fact that the defendant for the reason of sentencing under Article 62-2 of the Criminal Act regarding the order to provide community service and attend lectures has been punished several times for the same crime, including the fact that the defendant was sentenced to a suspended sentence, and the fact that the amount of alcohol concentration in the blood of this case is not low is disadvantageous to the defendant.

On the other hand, it is favorable to the defendant that the defendant recognized the crime of this case and reflects his mistake, that the period of time has elapsed since the punishment for final drinking driving, and that there was no additional damage such as traffic accidents, etc.

The above circumstances and the defendant's age, sexual conduct, environment, motive, means and consequence of the crime, and other circumstances that are the sentencing as shown in the records and arguments of this case, including the circumstances after the crime.