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

[criminal history] On July 21, 2006, the Defendant received a summary order of KRW 1.5 million from the Changwon District Court to a fine of KRW 1.5 million, and a fine of KRW 3 million from the same court on July 1, 2015 to a crime of violating the Road Traffic Act (driving under drinking), respectively.

[Criminal facts] On July 10, 2018, the Defendant driven B, under the influence of alcohol content of about 0.163% from the blood alcohol concentration at around 65 kilometers from the front of the influent restaurant to the front of the Kimhae-si, Hayang-si, Hayang-si (hereinafter referred to as the “Influence”), around 01:40, the Defendant driven B, under the influence of alcohol content at about 0.163% in front of the 65 km road of the Kim Sea.

As a result, the defendant violated the prohibition on drinking at least twice, and once again drives a car while under influence of drinking in violation of the above provision.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);

1. Previous convictions in judgment: Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (formers and investigation reports);

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 under Article 62-2 of the Criminal Act, the Defendant already committed a second offense without being aware of the fact that he had been punished twice due to drinking driving.

The degree of undertoxicatedness is not somewhat weak.

However, the defendant reflects the wrongness in depth and does not repeat again in the future.

In fact, there was no actual accident.

The preceding previous conviction was sentenced to a fine in full, and one of them was old, and it is only one of the previous crimes of the same kind for not more than the last five years. The fact that the health is not good can also be considered as favorable circumstances.

In addition, the sentencing conditions, such as the age, sex, environment, circumstances, and circumstances after the crime, shall be comprehensively considered, and the punishment shall be determined as per the order.