A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date the above judgment becomes final and conclusive.

Punishment of the crime

On February 15, 2013, the Defendant received a summary order of KRW 1,50,000,000 from the Daejeon District Court to a fine for a violation of road traffic law, and on March 12, 2013, the Defendant received a summary order of KRW 1,50,000 as a fine for the same crime in the same court.

피고인은 2017. 1. 10. 20:45 경 통영시 광도면 죽림리 소재 주영 더 팰리스 5차 아파트 공사현장 앞 도로에서부터 같은 시 북신동 소재 통영 공설 운동장 앞 도로에 이르기까지 약 3km 구간에서 혈 중 알코올 농도 0.127% 의 술에 취한 상태로 B 쏘나타 승용차를 운전하였다.

As a result, the defendant was driving a motor vehicle under the influence of alcohol more than twice, and was driving a motor vehicle again under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. C's written statement related to traffic accidents;

1. The occurrence report, the field map of a traffic accident, the statement on the circumstances of driving at home, and the notification of the results of regulating drinking driving;

1. A traffic accident report;

1. Previous convictions in the judgment: (A) inquiry of criminal history and application of Acts and subordinate statutes of investigation report (including the confirmation of criminal history - the summary order attached);

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. The reason for sentencing under Article 62-2 of the Criminal Act, even though the Defendant had a record of criminal punishment of a fine due to driving under drinking on two occasions, was also causing an accident by driving under drinking.

However, there is no record of criminal punishment in addition to the criminal punishment of a fine on two occasions that the defendant reflects his or her wrongness.

Other factors such as the age, sex, environment, motive and background of the crime, circumstances after the crime, etc., which are prescribed by Article 51 of the Criminal Act, shall be comprehensively considered, and the punishment shall be determined as ordered.