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] On October 22, 2013, the Defendant: (a) in the Western Branch of the Daegu District Court, a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking driving); and (b) on January 24, 2014, in addition to the issuance of a summary order of KRW 4 million for the same crime at the same court on the same time, a person who has driven drinking more than twice on the same kind of power.

[2] On August 6, 2017, at around 09:35, the Defendant driven a Category C rocketing car under the influence of alcohol content of 0.072% from the 6km section to the front day of the Defendant’s house located in Gumi-si B, the additional amount of 0.072% of alcohol content in the blood, from the front day of the Defendant’s house located in Gumi-si B to the Gyeongbuk-si.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (verification of the same kind of force);

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, the sentencing conditions of the instant records and arguments, including the following circumstances, Defendant’s age, sexual conduct, family relationship, family environment, motive and means of the crime, and circumstances after the crime, shall be determined as ordered by taking into account all of the sentencing conditions shown in the instant records and arguments.

The defendant was punished for a fine on three occasions due to drinking, but he was also driving under the influence of drinking.

The favorable circumstances: the defendant recognizes his mistake and reflects his mistake.

The defendant shall not drive drinking again.