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 one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On June 10, 2009, the Defendant was issued a summary order of 1.2 million won for a violation of road traffic law at the ordinary military court of the Navy headquarters, and was sentenced to a fine of 6 million won on September 7, 2016 by the Maritime Court of the Maritime Command, which was sentenced to a fine of 1.2 million won for a violation of road traffic law (driving) at the Maritime Court of the Maritime Headquarters.

On May 10, 2018, the Defendant driven a vehicle B’ QM6 in the state of alcohol alcohol concentration of approximately 0.094% from the section of approximately 47km to the front side of the road, which was under the influence of alcohol at around 23:30 on May 10, 2018.

As a result, the Defendant again driven a motor vehicle under the influence of alcohol in violation of the prohibition on driving under the influence of alcohol more than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the circumstances of driving at home, a report on the circumstances of the driver at home, and an investigation report (a report on the situations of the driver at home);

1. References to inquiries, such as criminal history, and the application of Acts and subordinate statutes on investigation reports (formers and confirmations);

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. 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 Defendant’s two times of a fine on June 2009 and around September 2016 for the violation of the Road Traffic Act (driving). Meanwhile, the Defendant’s crime of this case is against the Defendant’s blood content (0.094%) at the time of the instant case, and the Defendant’s age, sex, environment, motive and circumstance of the instant crime, means and method of the instant crime, and circumstances after the instant crime, etc., the same sentence as the order shall be determined by comprehensively taking account of the following factors: