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 June 9, 2011, the Defendant received a summary order of KRW 2,50,000 as a fine for a violation of the Road Traffic Act, and on September 22, 2011, at the Jung-gu District Court issued a summary order of KRW 3 million as a fine for a violation of the Road Traffic Act.

On October 29, 2016, around 22:25, the Defendant driven B-owned car under the influence of alcohol with approximately 2 km alcohol concentration of about 0.102% in the 2km section from the Go-dong in Yangju-si to the peace of 1476 in front of the same city.

Accordingly, the defendant, who violated the prohibition of drinking under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiry into the results of the crackdown on driving of a motor vehicle;

1. Previous records: Criminal records, etc. and the application of Acts and subordinate statutes to inquiry reports and investigation reports (the same type of criminal records);

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act on the suspension of execution ( repeatedly considering the grounds for discretionary mitigation);

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The circumstances favorable to the defendant's punishment twice due to drinking driving: The defendant's recognition of the crime of this case and seriously reflects the defendant; there is no record of punishment exceeding the fine; support for two children after divorce; and the defendant's age, character and behavior, environment, means and consequence of the crime; and the various sentencing conditions as shown in the arguments of this case, such as the circumstances after the crime, shall be determined as ordered by taking into account the following factors.