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 10, 2010, the Defendant was notified by the Changwon District Court of a summary order of a fine of KRW 2.5 million and a fine of KRW 3 million for the same crime at the same court on April 1, 2016.

[2] On May 4, 2018, at around 01:10, the Defendant driven a CV-type car under the influence of alcohol content of at least 0.175% from the back side of the Kimhae-dong, which is located in the same Sisan-dong, but from around two kilometers to the front side of the Simsan-dong, the Defendant driven a CV-type car under the influence of alcohol content of at least 0.175%.

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. A response to a request for appraisal (a written appraisal of alcohol during blood);

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 under Article 62-2 of the Criminal Act, the Defendant already committed a second offense without being aware of the fact that he had been punished twice due to drinking driving.

A driver has been driving a motor vehicle under the influence of alcohol without a lapse of one year without obtaining a license again after the license was revoked due to the driving of the front line.

At the time, the level of alcohol is not weak.

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

The actual accident did not lead to the actual accident.

The preceding previous conviction was only two cases and was sentenced to a fine, and it was only one case for the last five years. There was no criminal conviction or more for the suspension of execution.

There is a family member to support.