A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On October 9, 2006, the Defendant received a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking driving) at the Seoul Central District Court on October 9, 2006, and on March 30, 2010, the Defendant received a summary order of KRW 2 million for the same crime in the same court.

Criminal facts

On July 23, 2018, the Defendant driven B K7 cars under the influence of alcohol content of 0.057% in the blood, at around 11 m3:10, the 681-1 m30m radius from the date of the king-si in front of the main place of the road, and around 300m radius from the front of the forest village 106 m.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver at home and report on the detection of the driver at home;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (verification of the same criminal records as the suspect);

1. The provision of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime under the relevant provision of the Act;

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 grounds for sentencing under Article 62-2 of the Criminal Act include the following facts: (a) the Defendant again committed the instant crime despite the fact that the Defendant had been punished several times due to drinking driving; and (b) the driving of drinking alcohol is an offense that may cause serious bodily harm to another person’s life and body, and thus requires strict punishment.

However, considering the circumstances favorable to the defendant, such as the fact that the defendant's mistake is against the defendant, the fact that the vehicle was disposed of after the case, the fact that the drinking value is relatively low and the driving distance is short, and other circumstances, including the defendant's age, sex, environment, circumstances after the crime, etc., and all other circumstances constituting the conditions of sentencing as shown in the records and the theory of changes, the punishment shall be determined as ordered.