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

The Defendant, at the Seoul Central District Court on September 4, 2006, has been sentenced to a fine of KRW 3 million due to road traffic laws, etc., and a person who had been sentenced to a fine of KRW 1 million due to the same crime from the Suwon District Court on July 8, 201.

On April 15, 2017, the Defendant driven a motor vehicle B in the section B from around 5 km to the front of the “Minus g,” located in the 7-ro 40-1, the wife population, in the state of alcohol at 0.214% of alcohol content among blood transfusion around 22:06, to the front of the “Minus g,” located in the same Gu Gyeong-ro 40-1.

As a result, the Defendant, even though he had been punished twice due to drinking, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Measuring devices;

1. Previous convictions in judgment: Application of an inquiry letter, investigation report (the same type of criminal records) and other relevant Acts and subordinate statutes;

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 (including circumstances favorable to the examination in the following cases);

1. Article 62 (1) of the Criminal Act on the suspension of execution (The subsequent consideration has been made for favorable circumstances);

1. The grounds for sentencing under Article 62-2 of the Criminal Act, comprehensively taking into account the following circumstances and the Defendant’s age, family relation, sex, environment, motive and background of the crime, means and method of the crime, and the circumstances after the crime, etc., the sentence as ordered shall be determined.

[The favorable circumstances] The Defendant, who led to the confession of the instant crime, recognized his mistake, did not cause other damage, such as traffic accidents, and the Defendant did not have any record of punishment exceeding the fine, and there was no particular criminal record since 2011.

[Unfavorable Conditions] The crime of this case was committed by the defendant twice as the same crime.