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

On August 28, 2009, the Defendant received a summary order of KRW 700,000,000,000 as a fine for a violation of the Road Traffic Act (driving in Drinking) from a person who violated the Road Traffic Act, and on June 29, 201, from a person who used the method of water source to a fine of KRW 5 million for the same crime.

On October 13, 2016, the Defendant, who had been punished for drinking two or more times, driven a CBa car at the 1km section from the roads front of the mutual influence 0.106% under the influence of alcohol concentration in blood at around 21:50 on October 13, 2016 to the pre-road of the ten-year aggregate in the same Eup/Myeon located in the same Eup/Myeon.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the circumstances of the driver at home;

1. Notification of the results of regulating drinking driving;

1. Previous conviction: Application of a reply to inquiry, such as criminal history, and an investigation report (Attachment to a copy of the summary order of the relevant case);

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. Articles 53 and 55(1)3 of the Criminal Act (including circumstances favorable to the examination in the following cases);

1. Article 62 (1) of the Criminal Act (amended by Act No. 1014, Mar. 1, 201);

1. The grounds for sentencing under Article 62-2 of the Criminal Act, comprehensively taking into account the following circumstances and the Defendant’s age, family relation, sex, environment, motive and background of the crime, means and method of the crime, and the circumstances after the crime, etc., the sentence as ordered shall be determined.

[The favorable circumstances] The defendant acknowledged his mistake while leading to the confession of the crime of this case; the occurrence of other damages, such as traffic accidents, etc. at the time of this case; there is no record of punishment for the defendant to commit a crime exceeding the fine; and the social relationship of the defendant is relatively clear.

It is true that the crime of this case was committed in spite of the fact that the defendant had been punished more than twice for the same kind of crime.