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

[criminal history] On April 27, 2007, the Defendant was issued a summary order of 1.5 million won or more for a crime of violating road traffic law in the support of the Daejeon District Court Seosan, and a summary order of 1.5 million won or more for the same crime in the same court on December 15, 2010.

[2] On October 8, 2017, around 01:45, the Defendant driven a B-owned car under the influence of alcohol concentration of approximately 0.165 percent in the section of about 700 meters from the front line of a simple station located in the hearing of the So-Eup Si, Seosan-si to the front road of the Dokdo fishing ground located in about 5-1, 110 square meters in the same Eup/Myeon.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Details of the investigation report-control;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (verification of the same criminal suspect's records) statute;

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. Although the reason for sentencing under Article 62-2 of the Criminal Code of the Order to Attend a lecture or the Order of Community Service had the record of serving several times of punishment for the same crime, there is no unfavorable circumstance, such as that the Defendant committed the instant crime again, and that the Defendant’s blood alcohol concentration at the time of driving reaches 0.165%.

However, in light of the following factors: (a) the Defendant reflects the mistake; (b) the Defendant was not subject to a punishment heavier than a suspended sentence due to drinking driving; and (c) the previous previous offense was seven years; and (d) the Defendant’s age, environment; (b) criminal records; (c) circumstances after the crime; and (d) the sentencing conditions specified in the present argument