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

On August 22, 2011, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act at the Seoul Western District Court, and a summary order of KRW 1 million for the same crime at the Seoul Southern Southern District Court on February 26, 2010, respectively.

On June 16, 2017, the Defendant driven a passenger car in Bnn, while under the influence of alcohol of about 0.198% in alcohol, from the 103-dong apartment of Sungwon to about 200 meters away from the 103-dong apartment of Sungwon to the 102-dong of Sungwon apartment of 618, Suwon-si, Suwon-si.

As a result, the Defendant, even though he had been punished twice due to drinking, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Notification of the results of regulating drinking driving;

1. A traffic accident inspection report, accident scene, and photographs of related vehicles;

1. Written inquiry about criminal history, etc.;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment of judgment);

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 (including circumstances favorable to the examination in the following cases);

1. Article 62 (1) of the Criminal Act on the suspension of execution (The subsequent consideration has been made for favorable circumstances);

1. The grounds for sentencing under Article 62-2 of the Criminal Act, comprehensively taking into account the following circumstances and the Defendant’s age, family relation, sex, environment, motive and background of the crime, means and method of the crime, and the circumstances after the crime, etc., the punishment as ordered shall be determined.

[ favorable circumstances] The Defendant, who led to the confession of the instant crime, recognized his mistake, and the Defendant did not have any record of punishment exceeding the fine, and there was no record of criminal punishment after 201.

The crime of this case is likely to be punished twice due to drinking, even though the defendant had been punished twice due to drinking.