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 May 4, 2009, the Defendant was issued a summary order of KRW 2 million with a fine of KRW 1.5 million for a violation of Road Traffic Act (driving driving) at the Changwon District Court on April 4, 201, and a fine of KRW 1.5 million with a violation of Road Traffic Act (driving driving) at the Changwon District Court on April 4, 2016.

[Criminal facts] On February 9, 2018, the Defendant driven C’s car volume while under the influence of alcohol with approximately 0.154% alcohol concentration from around 50 meters to the front road of the Seongbuk Village Center located in the Grand Sea-si of Kimhae-si around 17:36 to the front road of the public elementary school.

Accordingly, the Defendant, who violated the prohibition on 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 report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);

1. Previous conviction: Inquiry about criminal history and application of each summary order Acts and subordinate statutes;

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 reason for sentencing Article 62-2 of the Criminal Act on the charge of attending a lecture has already been committed by the Defendant without being aware of the history of punishment three times due to drinking driving.

In particular, since the defendant has long been punished by causing a traffic accident while driving a drinking, the risk of driving a drinking alcohol is more well known than anyone, and the defendant has re-offending the same as above.

The degree of undertoxicatedness is not somewhat weak.

However, the defendant reflects the wrongness in depth and does not repeat again in the future.

In addition, it is not possible to lead to the actual accident and the distance of driving is also driving.

The preceding previous conviction was sentenced to a fine in full, and the last five years of which is not more than one case. There have been no previous conviction or more than one year of suspension of execution, and it is the Grade IV disability.