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 January 4, 2008, the Defendant violated Article 44(1) of the Road Traffic Act by receiving a summary order of KRW 2,50,000 as a fine for a crime of violating the Road Traffic Act (driving) at the Incheon District Court, and a fine of KRW 2 million as a crime of violating the Road Traffic Act (driving on July 27, 201) at the Goyang Branch of the Jung-gu District Court on March 27, 201.

[Criminal facts] On November 24, 2016, the Defendant driven B rocketing car under the influence of alcohol with approximately 0.072% alcohol concentration at the section of about 15km from the front of the heating village apartment in the Taedog-dong on the same day to the third road in the Sejong Sin Scenic High School on the same day.

As a result, the Defendant again driven a motor vehicle under the influence of alcohol in violation of the above provision, even though he had a history of violating the prohibition of drinking more than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol and investigation report (written statement of control);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report an investigation (the confirmation of criminal history in the same paper);

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 (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant has three times the same drinking driving force.

However, in full view of the overall circumstances, such as the fact that the defendant was committed while committing a crime, the fact that there is no damage caused by drinking driving, and the fact that the amount of alcohol concentration in blood is not high, and other various sentencing conditions indicated in the records, such as the defendant's age, occupation, family relation, sex behavior, time and circumstance before and after the crime, etc., the punishment shall be determined as ordered by the order.