A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

On October 12, 2007, the Defendant received a summary order of KRW 1,50,000 as a fine for a violation of road traffic law (drinking driving) from the Daegu District Court Kimcheon-cheon, and on September 10, 2010, the Defendant received a summary order of KRW 2 million as a fine for a violation of road traffic law (drinking driving).

Although the Defendant had been punished for drinking two or more times as above, on March 26, 2017, he driven the B Lone Star or the cargo vehicle under the influence of alcohol concentration of about 0.130% in the section of about 600 meters from the front day of the “Seoul-si,” located at the center of the Gu-Sinsi, Sinsi, Seoul-si, Seoul-ro 37-lane 6, to the front day of the Gu-Sinsi-si, Seoul-ro 27-ro 4-gil.

Summary of Evidence

1. Statement by the defendant in court;

1. The actual survey report and on-site photographs;

1. Inquiries about the results of crackdown on the driving of drinking and statement in the circumstances of the driver of drinking;

1. References to inquiries, such as criminal history, and the application of Acts and subordinate statutes on investigation reports (the same kind of force);

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 suspended execution;

1. The punishment as ordered shall be determined in full view of all the circumstances such as the fact that three times the same criminal records including the driving record of drinking, as indicated in the reasoning of sentencing under Article 62-2 of the Criminal Act, and the time of the crime, the numerical value of drinking of this case, the occurrence of a heavy accident, the occurrence of a heavy accident, and the circumstances leading to the crime;