A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On March 23, 2007, the Defendant received a summary order of KRW 1 million as a crime of violating the Road Traffic Act (drinking driving) at the Changwon District Court on March 23, 2007 and a fine of KRW 2 million as a crime of violating the Road Traffic Act (drinking driving) in the same court on December 10 of the same year.

On April 7, 2017, around 00:03, the Defendant driven B-low-scale car under the influence of alcohol content of about 0.1% at approximately 2.5 km from the previous Do of the 85 tin-dong elementary school to the front road of the 1026 mar-dong elementary school, Jin-si, Seoul Special Metropolitan City around 00:03, the Defendant driven the B-do car under the influence of alcohol content of the blood.

Accordingly, the defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

Summary of Evidence

The application of the Acts and subordinate statutes to a criminal investigation report, such as the criminal history of the defendant's statement on the circumstances of the driver's oral statement made by the defendant(s)

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) (Selection of Imprisonment) of the Road Traffic Act concerning the facts constituting an offense;

2. Article 53 and Article 55 (1) 3 of the Criminal Act for Reduction of Small Quantity (the defendant does not have any record of criminal punishment except for those subject to a fine twice due to driving under influence of alcohol in 2007, and takes into account that he/she is divided);

3. Article 62 (1) of the Criminal Act on the suspension of execution.