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 April 21, 201, at the Changwon District Court on April 21, 201, the Defendant issued a summary order of a fine of three million won for a violation of the Road Traffic Act (driving) and a fine of two million won for a violation of the Road Traffic Act (driving) at the Changwon District Court on September 1, 201, respectively.

On August 27, 2016, at around 00:15, the Defendant driven a 8km B rocketing car at the front of the Domp square in front of the window of Changwon-si, Changwon-si, in the state of alcohol of 0.096% of blood alcohol concentration.

Accordingly, the defendant, who violated the prohibition of drinking driving more than twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, the report on the state of drinking drivers' standing statement, and the report on the state of drinking driving;

1. Previous convictions indicated in judgment: Application of criminal records, reference reports (A), investigation reports (former records, summary orders, etc.);

1. Relevant Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime;

1. Selection of imprisonment with prison labor chosen;

1. Article 53 or 55 (1) 3 of the Criminal Act (The following extenuating circumstances shall be considered for the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the Defendant again committed the instant crime despite the record of having been sentenced to a fine due to a violation of the Road Traffic Act, such as the crime of violation of the Road Traffic Act, and that the blood alcohol concentration at the time of driving the instant drinking is relatively high, etc., which are the reason for sentencing unfavorable to the Defendant.

However, it is advantageous to the fact that the defendant does not repeat the same crime again, that there is no traffic accident due to the drinking driving of this case, and that the defendant has no record of being sentenced to suspended execution or heavier punishment for the same crime.