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

[criminal history] On April 6, 2009, the Defendant was sentenced to a fine of one million won as a crime of violating the Road Traffic Act (drinking driving) at the Changwon District Court on April 6, 2009, and a fine of one million and five hundred thousand won as a crime of violating the Road Traffic Act (drinking driving) at the same court on August 8, 2016.

[2] On May 9, 2017, under the influence of alcohol level of 0.112% among the blood transfusion around 18:20, the Defendant driven B Mt Motor Vehicle at the section of about 3 km from the Do in front of the outer apartment of the Dong-dong in Kimhae-si, Kimhae-si (former main apartment) to the front of the road in the outer apartment of the Dong-dong (former main apartment) located in Kimhae-si, the Defendant was under the influence of alcohol level of 0.12%.

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. C’s statement;

1. A survey report on the actual condition and a statement on the circumstances of the driver involved in driving;

1. Previous convictions in judgment: Inquiry about criminal history and application of Acts and subordinate statutes to investigation reports (reformization of summary orders for drinking driving);

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

1. The reason for sentencing under Article 62-2 of the Criminal Act, the Defendant already committed a second offense without being aware of the fact that he had been punished twice due to drinking driving.

In addition, the degree of alcohol is not less weak, and the actual traffic accident caused the damage to others.

However, the defendant is going to reflect misunderstanding in depth and not repeat again.

The accident was insignificant because it was shocking the side of the vehicle that was driven along a narrow road, and agreed with the victim.

The previous previous convictions in the past have been sentenced to a fine in full, and those in the last five years are only one case. The fact that there is a family member to be supported can also be considered in a favorable situation.

The age, sex, environment, circumstances, and circumstances of the crime of the defendant, and after the crime.