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

On February 9, 2009, the Defendant was issued a summary order of KRW 700,000 by the Changwon District Court for a crime of violation of the Road Traffic Act, and was sentenced to a fine of KRW 5 million by the same court on November 4, 2010.

On August 6, 2016, at around 21:50, the Defendant driven a B rocketing car under the influence of alcohol content of approximately 0.072% from a 300-meter section from the front day of the Jinyoung Hospital in the same Ri to the third day of the Jinyoung Hospital located in the same Ri.

Accordingly, the defendant, who violated the prohibition of drinking driving more than twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the situation of a drinking driver, report on the results of the regulation of drinking drivers, inquiry into the results of the regulation of drinking driving, and notification of the completion of correction;

1. Previous convictions indicated in judgment: Application of criminal records, reply reports (A) and Acts and subordinate statutes;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 53 or 55 (1) 3 of the Criminal Act (The following extenuating circumstances shall be considered for the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the Defendant again committed the instant crime even though he/she had the record of being sentenced to a fine due to the crime of violating the Road Traffic Act, as stated in the facts constituting the crime.

However, the defendant should not drive under the influence of alcohol again in the future, the degree of license suspension is the blood alcohol concentration at the time of driving under the influence of alcohol in this case, and the defendant has no record of being sentenced to suspended execution or above only by the crime of violation of the Road Traffic Act, and there are other favorable reasons for sentencing.