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 September 14, 2015, the Defendant is a person who drives a motor vehicle under the influence of alcohol on at least two occasions after being sentenced to a fine of five million won due to the crimes of the Road Traffic Act, etc. at the Changwon District Court on September 14, 2015, and a fine of one million won by the same court on July 20, 209, respectively.

On September 30, 2018, at around 23:40, the Defendant driven a Maz car while under the influence of alcohol content of about 0.126% at a section of about 2 km in front of a restaurant located in the same Gu on the front of the restaurant where the trade name of the wude of the window in Changwon-si cannot be known.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of a drinking driver, investigation report, notification on the control results of drinking driving and the report on the situation of drinking driving;

1. Previous convictions in judgment: Application of criminal records and summary order statutes;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, the Defendant’s age, character and conduct, the details and circumstances of the instant crime, and the circumstances after the crime shall be determined by comprehensively taking account of the following circumstances:

Unfavorable circumstances: The Defendant committed the instant crime without being aware of the record of punishment two times for the same kind of crime in the past.

It is a second offense in a situation where more than three years have passed since the last punishment.

The blood alcohol concentration (0.126%) was considerably high.

The favorable circumstances: The Defendant recognized the instant crime, thereby not repeating the same mistake.

There is no record of punishment exceeding fines for the same kind of crime in the past.