A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

[criminal history] In the Daegu District Court Port Branch on December 30, 2005, the Defendant issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act (drinking on drinking), on June 26, 2009, a summary order of KRW 1 million for the same crime from the Jinwon District Court Branch on June 26, 2009, and on March 15, 2010, a summary order of KRW 2 million for the same crime from the Daegu District Court Port Branch Branch on March 15, 2010.

[Criminal facts] On May 22, 2017, the Defendant driven B rocketing car under the influence of alcohol content of about 0.115% from the 1km section from the 1km section to the front road of the restaurant in the city where the death of North-gu is located in the Dong-do, Nam-gu, Chungcheongnam-do, Dong-do to the ancient road in the same city.

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

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (verification of a violation not less than twice the regulations on prohibition of drinking driving);

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 (see, e.g., Supreme Court Decision 201Da1548, Apr. 1, 201);

1. Article 62 (1) of the Criminal Act on the suspended execution;