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

The Defendant is a person who received a summary order of KRW 3 million from the Chuncheon District Court on July 18, 2013 due to a violation of the Road Traffic Act (drinking driving), and a fine of KRW 2 million from the same court on June 10, 2014 due to the same crime, etc.

On November 11, 2017, the Defendant driven B-type cargo vehicles under the influence of alcohol content of about 0.113% from the blood, while under the influence of alcohol, from around 36km-gun, Hongcheon-gun, Hongcheon-gun, Northwest-ro, 35, the northwest-do, Gangwon-do, Hongcheon-gun, Seoul, to the front road.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;

1. Previous convictions in judgment: Application of a written reply to inquiry, such as criminal history (A);

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 reasons for sentencing under Article 62-2 of the Criminal Act include: (a) the Defendant again committed the instant crime, which is the same kind of crime even though he/she had been punished for a violation of the Road Traffic Act in 2004, 2013, and 2014; and (b) the Defendant’s blood alcohol content is 0.113% higher than that of the Defendant’s blood alcohol content, etc.; and (c) the Defendant’s blood content is a factor for sentencing unfavorable to the Defendant.

However, it appears that the defendant seems that he would not drive drinking again after recognizing the crime of this case, there is no record of criminal punishment of qualification suspension or heavier punishment for the defendant, the crime of this case is limited to a simple drinking driving, and the crime of this case does not occur any more severe result, etc., shall be considered as factors for sentencing favorable to the defendant, and the punishment shall be determined as ordered by taking into account all other circumstances, such as the defendant's age, sexual behavior, environment, motive and circumstance of the crime, and circumstances after the crime, etc.