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

On August 6, 2009, the Defendant issued a summary order of KRW 2.5 million as a crime of violating road traffic law (drinking driving) at the Seosan Branch of the Daejeon District Court on August 6, 2009, and KRW 5 million as a fine in the same court on May 11, 2012.

On July 15, 2017, the Defendant driven a liquid e-sports vehicle while under the influence of alcohol content of 0.227% in the blood on the front side of the D in C, which is located in Chungcheongnam-gun, Chungcheongnam-do around 22:30 on July 15, 2017.

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. A written statement;

1. Application of Acts and subordinate statutes to inquiries, such as traffic accident reports, reports on the circumstances of drivers in charge, criminal history, etc.;

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

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. It is possible to have a criminal record of having been punished for the same offense as the defendant for the reason of sentencing under Article 62-2 of the Social Service Order Criminal Act, and even if having been sentenced to a suspended sentence several times, the crime of this case was committed again, and the degree of alcohol level at the time of the instant case was higher than that of the instant case, and the punishment as ordered shall be determined by taking into account all the circumstances of sentencing, such as the fact that the defendant is currently under cancer treatment, the defendant's family relation, the defendant's age, sexual behavior, environment, and circumstances leading to the Defendant's crime.