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 September 1, 2009, the Defendant was punished by a fine of KRW 500,00,000 for a violation of the Road Traffic Act at the Chuncheon District Court on September 1, 2009, and two million won for the same crime at the same court on August 26, 2011.

On April 5, 2018, the Defendant got back at the “C” parking lot located in Chuncheon-si B around 20:0, and driven Dunst Motor Vehicle while under the influence of alcohol content of about 0.136% during blood in approximately 3 meters.

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. Reports on the occurrence of a traffic accident, photographs related to the traffic accident and statements in the circumstances of the driver concerned;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report an investigation (Attachment of such previous 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. The reason for sentencing under Article 62-2 of the Criminal Act, including the fact that the Defendant had been punished for the same kind of crime, as indicated in its reasoning, committed the instant crime again, the Defendant’s blood alcohol concentration is high, and the Defendant committed a traffic accident at the time of the instant crime (if physical damage occurs, and the Defendant was not indicted after being insured) is an element for sentencing unfavorable to the Defendant.

However, the fact that the defendant seems to have recognized and reflected the crime of this case, and that there is no record of criminal punishment other than the previous conviction in the judgment that is a fine for the defendant, etc., shall be considered as an element of sentencing favorable to the defendant. In full view of all other circumstances, including the defendant's age, sex, environment, motive and circumstance of the crime, and circumstances after the crime, etc., the sentencing conditions specified in the arguments of this case shall be considered as the factors of sentencing