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 July 26, 2013, the Defendant was issued a summary order of KRW 500,000,000 as a fine for a violation of road traffic law at the Changwon District Court branch on July 26, 2013, by the same court on January 23, 2015, and a violation of road traffic law (unlicensed driving).

[Criminal facts] On September 25, 2017, the Defendant driven a C-do motor vehicle under the influence of alcohol level of about 0.121% in the section of approximately 3 km from the front of the “Eve Council” on the roads of the Haak-gun, Chungcheongnam-gun, Chungcheongnam-do, Haak-ro, Masan-ro, 6, Masan-ro, Masan-ro, Masan-ro, to the parking lot of approximately 3km.

Accordingly, the Defendant, who violated Article 44(1) of the Road Traffic Act not less than twice, driven a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the occurrence of a traffic accident;

1. Fact-finding reports, investigation reports, and inquiry into the results of crackdown on drinking driving;

1. Previous conviction: Application of a written inquiry and a written summary order, such as criminal history;

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. On the grounds of sentencing under Article 62-2 of the Criminal Act, the punishment as ordered shall be determined by comprehensively taking account of the defendant’s age, sex, environment, motive, means and consequence of the crime, circumstances after the crime, etc.

Unfavorable circumstances: Although there are two times the records of punishment for the violation of the Road Traffic Act (drinking driving), the crime of this case has been committed.

Other vehicles parked while driving under drinking have been parked.

The favorable circumstances: The crime of this case is against the law.

There is no record of punishment of suspended sentence or heavier for the same crime.