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

Punishment of the crime

[criminal history] On July 29, 2013, the Defendant received a summary order of KRW 4 million as a crime of violating road traffic law (drinking driving) from the Sungnam branch support on July 29, 2013, and a summary order of KRW 2 million as an identical crime in the same court on August 12, 2016.

[2] On April 22, 2017, the Defendant: (a) driven a 200-meter radius from the front day of the Hannam City Do 10, Hannam City 22:50, to the front day of the Mean City 33-ro of the same Sinan city; (b) was under the influence of alcohol content 0.096% during blood; (c) was under the influence of alcohol content 0.096%; and (d) was under the influence of the her possession of the Mean City Ban City Do 10-ro of the same Sinan City.

As a result, the Defendant again driven a motor vehicle while under the influence of alcohol, who violated the prohibition on drinking at least twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. Previous convictions in judgment: Application of a written reply to inquiry, such as criminal history, investigation report (A), and Acts and subordinate statutes;

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. Reasons for the sentencing of Article 62-2 of the Criminal Act on community service and lecture attendance order;

1. Prosecutor’s opinion - One year of imprisonment;

2. Determination - Imprisonment shall be chosen in consideration of six months of imprisonment, and two years of probation, the criminal defendant's history of drinking driving over several times.

However, the amount of punishment shall be reduced by taking into account the favorable circumstances in which the confession was made and there is no past record of the suspension of execution or more, and the punishment shall be determined and the execution of the punishment shall be suspended by taking into account the following factors: the defendant's age, sex, environment, motive, means and consequence of the crime, the circumstances after the crime, etc. and the various sentencing conditions under Article 51 of the Criminal Act as stated in