A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

[criminal history] On June 7, 2007, the Defendant received a summary order of KRW 1 million as a crime of violating road traffic law (drinking driving) from the Daegu District Court Kimcheon, and on October 6, 2009, the Defendant received a summary order of KRW 1.5 million as a crime of violating road traffic law (drinking driving) from the Daegu District Court Kimcheon branch of the Daegu District Court.

[2] On December 7, 2017, the Defendant driven a CF car under the influence of alcohol leveling to approximately 0.088% in the 2km section from around 2km to the 500-5 LPG charging road located in the Gu and Seosidong-dong 500-5 at the parking lot, “The Defendant driven a CF car under the influence of alcohol leveling to about 0.08% in the blood alcohol level from around 19:30 on December 7, 2017.

Accordingly, although the defendant had been punished more than twice as a crime of violating the Road Traffic Act, he once again driven a motor vehicle while under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Previous convictions: A reply to inquiry, such as criminal history, each disposition, previous convictions, and application of each summary order Acts and subordinate statutes;

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. Article 53 and Article 55 (1) 3 of the Criminal Act for Reduction of Small Amount (see, e.g., Supreme Court Decision 2009Da1448, Apr. 1, 2009)

1. Article 62(1) of the Criminal Act on the suspension of execution (restatement of the aforementioned circumstances);

1. An order to attend a course under Article 62-2 of the Criminal Act;