A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Punishment of the crime

On July 22, 2011, the Defendant was issued a summary order of KRW 1,50,000,000 by a fine for the same crime, etc. at the same court on September 27, 2011, as a crime of violating the Road Traffic Act (drinking) at the Suwon District Court’s Pyeongtaek District Court’s site site.

On September 26, 2017, the Defendant driven a coo vehicle B in the state of alcohol alcohol of about 0.134% of alcohol concentration in blood at approximately 50 meters from the Do in front of the collection of locks in Pyeongtaek-si, Pyeongtaek-si to the roads adjacent to the same Sejong-si Underground Road.

As a result, the Defendant, who was punished twice or more due to drinking, was driving a motor vehicle again under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to notify the results of regulating drinking driving;

1. The provision of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime under the relevant provision of the Act;

1. Article 53 and Article 55(1)3 of the Criminal Act (see, e.g., Supreme Court Decision 201Do1248, Apr. 1, 2011)

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

1. Selection of imprisonment in light of the fact that a defendant for the reason of sentencing under Article 62-2 of the Criminal Act in taking lectures and community service order was sentenced to a fine twice due to drinking again, and driving under drinking again, the execution of the sentence shall be suspended and the incidental disposition, such as taking lectures, shall be imposed, considering the fact that he/she has no criminal record exceeding the fine due to drinking driving;