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

[criminal history] On December 20, 2013, the Defendant was issued a summary order of KRW 3 million for a crime of violating road traffic laws at the Seoul Northern District Court, and on October 4, 2014, a fine of KRW 2.5 million was issued by the Seoul Western District Court for a crime of violating road traffic laws.

[2] On March 25, 2016, the Defendant driven BK3 automobiles while under the influence of alcohol content of about 0.124% at the 1km section at the entrance of approximately 1k-based off about 21:38 off the way from which Jinju apartment company, Seoul, Nowon-gu, 230, 50, was in front of Jinyang liquor company, which is located in 50, the same day as 21:38, the same day, and 227-ro, 86, the same day.

As a result, the Defendant driven a motor vehicle under the influence of alcohol not less than twice, and driven a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Each report on investigation;

1. Previous conviction: Inquiry about criminal history and application of the Acts and subordinate statutes reporting criminal history;

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 suspension of execution (resumed grounds for reduction of the amount of punishment);

1. The Defendant, on the grounds of sentencing Article 62-2 of the Criminal Act, committed the instant crime again despite the fact that he/she had been sentenced to a fine twice due to a violation of road traffic laws, as stated in the facts constituting the instant crime, and the fact that the amount of alcohol concentration during blood alcohol at the time of driving the instant drinking is relatively high is a reason for sentencing unfavorable to the Defendant.

However, there are favorable reasons for sentencing, such as the defendant's failure to drive drinking again, and the fact that the defendant has no record of punishment heavier than a suspended sentence, and other factors such as the defendant's age, sex, motive, means and consequence of the crime, the circumstances after the crime, etc. are stipulated in Article 51 of the Criminal Act.