A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

On August 10, 2009, the Defendant received a summary order of KRW 1.5 million from the Incheon District Court to a fine of KRW 1.5 million for a violation of the Road Traffic Act, and on October 6, 2010, the Defendant received a summary order of KRW 2 million for a fine of KRW 1.5 million for a violation of the Road Traffic Act in the Suwon District Court's Ansan Branch on October 6, 201.

On November 23, 2014, at around 01:15, the Defendant driven a knex knife vehicle with approximately 500 meters alcohol concentration at approximately 0.17% under the influence of alcohol level from the horse loan village in Ansan-si to the road in Ansan-si, 527-2.

Accordingly, although the defendant was under the influence of alcohol and was punished not less than twice, he again driven a motor vehicle under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Report on the occurrence of a traffic accident, report on the results of regulating drinking driving, report on the circumstantial statement of a drinking driver, and inquiry into the results of regulating drinking driving;

1. Photographs;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (Attachment of written judgments);

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Mitigation of discretionary work and consideration given to the circumstances under Articles 53 and 55 (1) 3 of the Criminal Act (including the fact that the accused repents wrong facts and has no criminal record of imprisonment without prison labor or heavier punishment);

1. Article 62(1) of the Criminal Act ( normal consideration as examined in the following sentencing grounds):

1. While probation and community service order Article 62-2 of the Criminal Act have several records of punishment for drinking driving in the past for the reason of sentencing, in light of the fact that the instant crime was committed again, and the degree of alcohol concentration in blood at the time of the instant case is considerably significant, the liability for such crime is not weak.

However, the fact that the defendant is going against his mistake and again will not drive drinking, etc., and the drinking driving of this case causes harm or physical damage to others.