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 two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On May 2, 2007, the Defendant was sentenced to a summary order of two million won or more as a crime of violation of the Road Traffic Act (driving under the influence of sound), and a summary order of 1.5 million won or more as a fine in the same court on January 5, 2016, and was punished twice or more as a crime of violation of the Road Traffic Act (driving under the influence of sound).

On July 27, 2016, around 22:34, the Defendant driven B QM3 car in the state of alcohol 0.193% alcohol concentration on the 4km section from the front day of the Rimart city in Yangyang-dong to the front day of the Yangyang-dong located in the same Sinyang-dong.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the state of drinking drivers, and inquiry into the results of the control of drinking driving;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports;

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act on probation, community service order, and order to attend a lecture is a convenient means of transport. However, since the dangerous articles that can be inferred with lethal weapons are dangerous articles, a person operating a motor vehicle is obliged to obtain a license and operate a motor vehicle with due care in a normal state.

In particular, drinking driving may lead to large accidents by driving under a state where the ability to exercise due diligence and physical exercise has been significantly deteriorated, and it is highly dangerous as it may cause serious harm to unspecified persons.

The Defendant had already been punished twice due to drinking driving, but again carried out drinking driving of this case.

However, there is no record of criminal punishment exceeding a fine due to the same crime, and the sentencing conditions specified in the arguments, such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., are included.