A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On April 4, 2008, the Defendant received a summary order of KRW 700,000 as a fine for a crime of violating the Road Traffic Act, and on November 3, 201, the same court issued a summary order of KRW 1.5 million as a fine for the same crime, respectively.

On July 23, 2017, the Defendant driven a B sprink flobing truck with approximately 0.114% alcohol content from the 1km section in the same city-Eup from the Do-Eup to the Do-Dong-dong road located in the same city-Eup from the Do-Eup-do-Eup-Myeon, around 22:04.

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 the driver at home;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

1. The provision of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime under the relevant provision of the Act;

1. Articles 53 and 55(1)3 of the Criminal Act for the Reduction of Small Quantity (the former driver’s previous driver’s license for alcohol is 0.061% or 0.063% or more of alcohol during blood, taking into account the fact that the former driver’s license for alcohol was not relatively high, the latter is contradictory, and the latter does not have a same criminal record exceeding the fine);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act leading up to two times the previous convictions: Provided, That the previous convictions prior to driving alcohol have not been relatively high by 0.061% and 0.063% of alcohol during blood, reflects the fact that the previous convictions prior to driving alcohol, and the fact that there is no previous convictions prior to the same kind of fine exceeding the fine; and