1. The defendant shall be punished by imprisonment for six months;

2.Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On May 28, 2008, the Defendant was issued a summary order of 700,000 won by a fine for a crime of violating the Road Traffic Act (drinking driving), and on August 18, 2009, sentenced to a suspended sentence of 8 months by imprisonment with labor for the same crime, etc. in the support of the Chungcheong District Court, and was punished twice or more as a crime of violating the Road Traffic Act (drinking driving) by a suspended sentence of 2 years for the same crime.

On November 21, 2015, at around 08:30, the Defendant driven Bone Star Cargo in the state of alcohol content 0.070% from a 4km section from the day before the restaurant, where it is impossible to find out the trade name on the part of the bus at Ansan-si, Jincheon-gun, Seoul Special Metropolitan City, to the upper-distance road in front of the normal distance.

As a result, the Defendant had been punished more than twice for a crime of violating the Road Traffic Act, but has driven a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving a drinking, report on the results of regulating the driving of drinking, inquiry into the results of regulating the driving of drinking, and written statement of control;

1. Previous convictions in the judgment: Application of a reply to inquiry, such as criminal history, investigation report (the previous and confirmation thereof, and attachment of the relevant decisions, etc.), each summary order (No. 5715 high-level assistance 2007 high-level district court No. 2008 high-level district court No. 6791), and text of the judgment (No. 45 high-level assistance 2009 high-level district court No. 45);

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) (Selection of Imprisonment) 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. As for the instant crime on the grounds of sentencing under Article 62-2 of the Social Service and Criminal Act, there is no standard for sentencing, the sentence like the order shall be determined by comprehensively taking into account the following circumstances and other conditions of sentencing as indicated in the records, including the Defendant’s age, occupation, sex, family relationship, and circumstances before and after the commission of the crime.

- The Defendant committed the instant crime again even though he had the record of being punished several times for the same kind of crime, and was sentenced to a suspended sentence.

e.beliable;