A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On July 2, 2015, the Defendant was sentenced to a fine of 6 million won for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) and the violation of the Road Traffic Act in the Seoul Northern District Court on July 2, 2015, and was sentenced to a summary order of 1 million won for the violation of the Road Traffic Act in the Sungwon District Court on May 22, 2009.

On September 4, 2016, at around 23:19, the Defendant driven a B-low-car under the influence of alcohol content of 0.062%, from around 300 meters to the roads in front of the clinic-dong located in the same Jung-gu, Jungwon-gu, Sungnam-si.

Accordingly, even though the Defendant violated the prohibition of driving under the influence of alcohol not less than twice, he again driven a motor vehicle under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of running a motor vehicle under the influence of alcohol;

1. Making a report on the control of drinking driving;

1. A report on the state of the operation of a motor vehicle;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (a copy of judgment attached);

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

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

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

1. Despite the past record of fines of two times due to the violation of the Road Traffic Act on the grounds of sentencing under Article 62-2 of the Criminal Act, the crime of this case shall not be committed again, and the case shall not be shorter than that of this case;

However, considering favorable circumstances, such as the fact that the blood alcohol concentration of the instant crime is very high, the crime of this case does not cause damage to others, such as traffic accidents, etc., the fact that there is no record of crime exceeding fines, and the fact that the Defendant misleads the Defendant and repents, the order is issued in full consideration of all the factors of sentencing as shown in the instant trial process, including the Defendant’s age, character and behavior, living environment, and circumstances after the crime.