A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

On September 15, 201, the Defendant received a summary order of KRW 2,000,000 as a fine for a violation of the Road Traffic Act (drinking driving) in the support for the development of a water source method, and on May 23, 2016, the Defendant received a summary order of KRW 4,00,000 as a fine for a violation of the Road Traffic Act (drinking driving) in the support for the development of a water source method, and on May 23, 2016.

On November 13, 2017, around 06:45, the Defendant driven a bicycle with alcohol content of 0.268% from the 1km section from the front side of the Dong name commercial building located in the north-ro of the Gu Seosan-si, a member of Ansan-si, to the same 60-day Dororogate, while under the influence of alcohol content of 0.268% from the 1km section from the 1km section to the same 60-way road.

As a result, the defendant has already been punished for driving under drinking more than twice, but he once again driven under drinking.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Statement of the circumstances of the driver involved in driving;

1. A paper of measurement of drinking alcohol;

1. An accident scene photograph;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (verification of the same type of force and attachment of summary order);

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 stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The reason for sentencing under Article 62-2(1) and (2) of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of and Order to Attend, even though the defendant had been sentenced twice to a fine due to drinking, again committed the crime of drinking alcohol again, and the amount of alcohol concentration in blood is very high. On the other hand, the defendant seriously reflects the fact that there is no previous conviction exceeding a fine, and the defendant's age, sex behavior, environment, motive or circumstance of the crime, circumstances after the crime, etc. are considered, and all of the sentencing conditions indicated in the instant case shall be determined as ordered by the order.