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 June 20, 2013, the Defendant was issued a summary order of a fine of KRW 4 million for a violation of road traffic law at the Seosan Branch of the Daejeon District Court on June 20, 2013, and on April 23, 2015, the Defendant was sentenced to a summary order of KRW 5 million for the same crime at the same court on April 23, 2015, and was subject to punishment twice or more for a violation of road traffic law (driving of alcohol).

"2016 Highest 757"

1. On October 26, 2016, the Defendant driven D rocketing car under the influence of alcohol content of about 0.087% from the 1km section to the front road of the Si/Eup/Myeon, Dong, 546-3 “Egyi pharmacy” in the same Si/Eup/Myeon, where it is impossible to identify the trade name in the Sinsi-dong, Jinsi-si.

"2016 Highest 829"

2. On November 9, 2016, at around 20:44, the Defendant driven a Drocketing car with a alcohol level of about 0.102% during blood alcohol level from approximately 450 meters to around 41:40 meters at the west-gun, Taean-gun, Taean-gun, Taedong-gun to the day on which the border of the same military in the same military is 1-way.

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

"2016 Highest 757"

1. Statement by the defendant in court;

1. E statements;

1. "Written inquiry about the circumstances of the driver involved and criminal history of the driver involved";

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to inquiries, such as circumstantial statements made by drivers involved and criminal history;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of imprisonment for a crime, and the choice of a penalty;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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 is the time interval for each of the crimes of this case, the time interval between the criminal records of this case and the criminal records of the same kind, the fact that there is no history of punishment exceeding the fine, and the sale of motor vehicles.