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 15, 2014, the Defendant was issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act at the Changwon District Court, and on July 3, 2017, the Defendant was issued a summary order of KRW 5 million for a crime of violating the Road Traffic Act.

[2] On September 4, 2018, the Defendant driven a car with B low-speed to the 161-5 front road in front of the Changwon-si restaurant in which it is impossible to find out the trade name suitable for the Changwon-si's window-dong, while under the influence of alcohol with 0.135% of alcohol during blood transfusions at around 01:45.

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. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);

1. Previous conviction in judgment: Inquiry about criminal history and application of Acts and subordinate statutes of each summary order;

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 Article 62-2 of the Criminal Act on the part of the Defendant committed a second offense without being aware that he had been punished twice due to drinking.

The above previous convictions are within the past five years, and all of them are committed by the same vehicle, and the defendant is a person who once again acquired the licence which was cancelled due to it, and a person who drives a drinking again in only one month.

The degree of undertoxicatedness is not somewhat weak.

However, the defendant reflects the wrongness in depth and does not repeat again in the future.

In fact, there was no actual accident.

The previous criminal records of the same kind have been punished by a fine, and there have been no criminal records of the suspension of execution.

There is a family member to support.