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 October 30, 2013, the Defendant was sentenced to a fine of KRW 7 million due to a violation of the Road Traffic Act (drinking driving), etc. at the Suwon Friwon method, and on June 8, 2016, the Defendant was issued a summary order of KRW 5 million for the same crime at the same court.

On October 14, 2017, the Defendant driven a Bmon vehicle under the influence of alcohol concentration of about 0.058% in blood, from around 1k to around 258, the same distance from around 123 m23 street to the same mix 258 m street in front of the mridge of Suwon-si, Suwon-si, Suwon-si.

As a result, the Defendant, even though he had been punished twice due to drinking, was driving 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. Notification of the results of regulating drinking driving;

1. On-site photographs;

1. Written inquiry about criminal history, etc.;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment to the same type of power);

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

1. Articles 53 and 55(1)3 of the Criminal Act (including circumstances favorable to the examination in the following cases);

1. Article 62 (1) of the Criminal Act on the suspension of execution (The subsequent consideration has been made for favorable circumstances);

1. The grounds for sentencing under Article 62-2 of the Criminal Act, comprehensively taking into account the following circumstances and the Defendant’s age, family relation, sex, environment, motive and background of the crime, means and method of the crime, and the circumstances after the crime, etc., the sentence as ordered shall be determined.

[The favorable circumstances] The Defendant acknowledged his mistake while making a confession of the instant crime; the Defendant’s blood alcohol concentration was not high; and a considerable time has elapsed after the Defendant’s drinking.

It appears that there is no record that the defendant has been punished in excess of the fine.

[Unfavorable Conditions] The instant crime was punished twice by the Defendant on drinking.