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 May 26, 2010, the Defendant was issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act (drinking driving) at the Changwon District Court's Jinju branch on May 26, 201, and was issued a summary order of KRW 5 million for the same crime at the Ulsan District Court on October 11, 2012.

[Criminal facts] On August 4, 2017, the Defendant driven B low-priced car while under the influence of alcohol content of about 0.052% at around 50 meters in front of the “rost telemarket” located in 192, Dong-ro, Dong-ro, Dong-ro, Dong-dong on August 4, 2017.

Accordingly, the Defendant, who violated Article 44(1) of the Road Traffic Act not less than twice, driven a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Inquiries about the results of crackdown on drinking driving;

1. Previous convictions in judgment: References to inquiries, such as criminal history (A) and the application of investigation report 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. Article 53 and Article 55 (1) 3 of the Criminal Act to mitigate small quantities (i.e., reflective points, the fact that there is no criminal history exceeding the fine, the fact that the blood alcohol concentration is relatively low, etc.);

1. Article 62 (1) of the Criminal Act on the suspension of execution (the grounds for the reduction of the amount of punishment repeated consideration);

1. An order to attend a course under Article 62-2 of the Criminal Act;