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

[criminal history] The Defendant is a person who received a summary order of KRW 1 million for a fine of KRW 1,500,000 for a crime of violating the Road Traffic Act in support of Sungnam-gu Office of Friwon on October 10, 2008, and a summary order of KRW 1,50,000 for the same crime in the same court on January 5, 2015.

[Criminal facts] On November 14, 2017, the Defendant driven a BFD car under the influence of alcohol content of about 0.209% while under the influence of alcohol content from the 500-meter radius to the year from the 22:45 to the 500-meter radius to the Dondong-gu, Sungnam-gu, Seoul Special Metropolitan City, and the Dondong-gu, Sungnam-si, Seoul Special Metropolitan City.

Accordingly, the defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle again under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving under the liquor:

1. A response to a request for appraisal, and a written appraisal of alcohol during blood transfusion;

1. Previous convictions in judgment: Application of second-class Acts and subordinate statutes to inquiries, such as inquiries about criminal history, and written summary orders;

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 fact that an order to attend a lecture is repeated despite the past record of punishment twice due to driving of drinking alcohol for the reason of sentencing under Article 62-2 of the Criminal Act, and the fact that blood alcohol concentration is high shall be considered disadvantageous circumstances.

However, there are circumstances to consider the circumstances in which drinking is driven, and the fact that the driving distance is not long shall be considered as favorable circumstances.

In addition, the sentencing conditions recorded in the records, such as the defendant's age, occupation, sex, family relationship, living environment, circumstances leading to the crime, and circumstances after the crime, shall be determined as the same sentence as the order.