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

[2] On July 26, 2007, the Defendant issued a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act in the application of the Gwangju District Court on July 26, 2007, and on January 3, 2012, the same court issued a summary order of KRW 3 million for the same crime.

[2] On May 25, 2018, the Defendant: (a) 22:07, around 22:07, driven a B rocketing car under the influence of alcohol on May 13, 2004 (see, e.g., Supreme Court Decision 2003Do6905, Feb. 13, 2004). From the 2km section to the road in front of the said Eup/Myeon restaurant, the Defendant was charged with the alcohol concentration of approximately 0.148% of the blood alcohol concentration in the blood. However, even though the Defendant was charged with the 0.148% of the alcohol measurement by the pulmonary measuring instrument, the Defendant was more accurate (see, e.g., Supreme Court Decision 2003Do6905, Feb. 13, 2004).

Accordingly, the Defendant, who violated Article 44(1) of the Road Traffic Act more than twice, was driving a motor vehicle under the influence of drinking again.

Summary of Evidence

1. Statement by the defendant in court;

1. A response to a request for appraisal, a statement of alcohol alcohol or a report on investigation (the results of the official application of the suspect mark);

1. Criminal records indicated in the judgment: Application of an inquiry letter, such as criminal history, and an investigation report (verification of the same kind of force) statute;

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

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, including the observation of protection, community service order, and order to attend a lecture, despite the fact that the Defendant had been subject to criminal punishment on three occasions due to the same crime, repeated the driving of the instant drinking, but there was no record of criminal punishment other than fines, confession and reflects the instant crime, and the Defendant’s blood alcohol concentration, etc., are as follows.