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.

Criminal facts

On February 3, 2010, the Defendant is a person who received a summary order of a fine of one million won or more for a violation of road traffic laws in support of the Sungnam-gu Friwon on February 3, 2010, and on December 13, 201, by receiving a summary order of a fine of 1.5 million won or more for the same crime in the same court on December 13, 201, and was punished for driving under drinking on two or more occasions.

On January 14, 2017, at around 12:35, the Defendant driven a B-EX car in the state of alcohol alcohol concentration of approximately 0.129% from approximately 200 meters away from the 200 meters section of alcohol level to the Lone Star parking lot, where the trade name in the Orpo-si in Gwangju-si cannot be known.

Summary of Evidence

1. Statement by the defendant in court;

1. The circumstantial report on the driver involved and the report on detection;

1. Previous convictions in judgment: Application of second-class Acts and subordinate statutes to a reply to inquiry, such as criminal history, and a copy of a summary order;

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. Circumstances favorable to the defendant for sentencing under Article 62-2 of the Criminal Act and Article 59(1) of the Act on the Observation, etc. of Protection, etc. of Social Service Order are as follows:

The defendant is divided into the crime of this case and reflects it.

There shall be no history of criminal punishment except for a fine of five times.

Circumstances unfavorable to the defendant are as follows:

Even though there was a record of fines twice due to drinking driving, as stated in the judgment of the defendant, the crime of this case has been committed again.

The defendant caused a traffic accident at the time of committing the crime of this case, and the degree of his taking-off is not weak.

In addition to the above circumstances, in consideration of the Defendant’s age, sex, career, environment, circumstances after the commission of the crime and the circumstances after the commission of the crime, the punishment as ordered shall be determined by taking into account all the sentencing conditions as indicated in the instant records and arguments.