1. The defendant shall be punished by imprisonment with prison labor for six months;

2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal history] On May 25, 201, the Defendant was issued a summary order of KRW 1,50,000,000 by a fine for a violation of the Road Traffic Act (driving) at the Suwon Flag Flag method Board, and on July 26, 2012, the Defendant was sentenced to a fine of KRW 7 million by the same court as the same crime.

[2] On April 10, 2018, the Defendant driven a motor vehicle B in the section of about 500 meters from the road in front of the Suwon-si 88 Park Park, which was under the influence of alcohol content of 0.187% in blood around 15:40, and from the road in front of the Suwon-si 88 Park, the same Gu Sejong-dong Postal Authority driven a motor vehicle from around 500 meters to the front road.

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

1. Statement by the defendant in court;

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

1. Previous conviction: Application of a written inquiry, a copy of a summary order, such as criminal history;

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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service and order to attend a lecture [the scope of punishment] The sentence shall be determined as ordered in consideration of the following circumstances, including the defendant’s age, sexual conduct, environment, motive for and circumstances after committing the crime, etc.

Unfavorable circumstances: The defendant, who was punished for a fine three-time due to drinking driving, caused physical accidents that occur while driving alcohol without being aware of the fact that he/she had been punished for a fine, and the amount of alcohol concentration in blood is high.

The favorable circumstances: there is no history of punishment exceeding fine, and there is no possibility that such a crime will be committed in the future.