A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On August 22, 2014, the Defendant was notified of a summary order of a fine of three million won for a crime of violating road traffic law in the support of the Chungcheong District Court on August 22, 2014, and on August 25, 2016, the Defendant was punished for driving under drinking, such as being notified of a summary order of a fine of three million won for a crime of violating road traffic law (driving) in the same court on August 25, 2016.

On October 4, 2017, the Defendant driven BM car from around 100 meters to around 21, 200, from the 100-lane 21, in the same Gun, from the 5-lane 5-gil cafeteria after death of the Gyeong-gun, while under the influence of alcohol content 0.225% during blood transfusion.

Accordingly, even though the Defendant violated the prohibition clause on driving under the influence of alcohol more than twice, the Defendant again driven a motor vehicle while under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking and statement in the circumstances of the driver who takes drinking;

1. Records of crime: Application of each of the Acts and subordinate statutes of a summary order attached to a reply to inquiry, such as criminal history, and an investigation report (Attachment to the judgment);

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 of Article 62-2 of the Criminal Act on community service and lecture attendance order is that the Defendant committed the instant crime of the same kind in spite of the fact that he/she was punished by a fine twice due to a violation of road traffic law (driving), and that at the time of the instant case, the Defendant’s blood alcohol concentration was very high, etc. are disadvantageous to the Defendant.

However, the sentencing conditions shown in the argument of this case, such as the defendant's age, sex, environment, the circumstances, means and results of the crime of this case, etc., are relatively short, and the distance of the defendant's driving in drinking conditions is relatively short.