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 August 28, 2007, the Defendant received a summary order of KRW 700,000 as a fine for a crime of violating the Road Traffic Act (drinking on drinking), and on December 23, 201, at the Jung-gu District Court issued a summary order of KRW 3 million as a fine for a crime of violating the Road Traffic Act (drinking on drinking).

[Criminal facts] On September 4, 2016, the Defendant driven a B-hand car with alcohol content of about 1.5 K 0.195% while under the influence of alcohol at around 00:15%, from the five apartment complexes of this sub-cogent, to the roads of the sub-cogent church in Yangju-si, both of which are located at around 00:15 on September 4, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Making a report on the circumstances of a driver who is placed in driving and inquiring about the results of regulating drinking;

1. The driver's license ledger;

1. Previous conviction: Application of Acts and subordinate statutes to inquire about criminal history and report criminal investigation (report attached to the same kind of force);

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

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 on the grounds of the order to provide community service and attend lectures is a convenient means of transport. However, since the dangerous articles that can be inferred with lethal weapons are dangerous articles, a person operating a motor vehicle is obliged to obtain a license and operate a motor vehicle with due care in a normal state.

In particular, drinking driving may lead to large accidents by driving under a state where the ability to exercise due care and physical exercise has been significantly deteriorated, and it is highly likely to cause serious harm to unspecified persons.

In light of the fact that the defendant had already been punished twice due to drinking driving of this case again, and that the blood alcohol concentration is high, it is necessary to strictly punish the defendant.

However, the defendant is able to repent his mistake.