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 December 28, 2009, the Defendant issued a summary order of a fine of one million won for a crime of violating the Road Traffic Act at the Changwon District Court, and on January 22, 2016, the Defendant received a disposition of suspension of indictment for a crime of violating the Road Traffic Act (drinking) at the Changwon District Court's Busan District Office.

On December 20, 2017, while under the influence of alcohol 02:25, the Defendant driven a BH car at the 5km section from the front of the Changwon-dong Residents' Self-Governing Center in Changwon-si to the front of the 244-type factory in Changwon-si, Changwon-si, the Changwon-si Residents' Self-Governing Center in the form of alcohol 0.11%.

Accordingly, the Defendant, who violated the prohibition clause on drinking at least twice, was driving a motor vehicle under the influence of alcohol in violation of the same clause.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (report on the situation of the driver in charge); and

1. Application of an inquiry letter, investigation report (verification of drinking records not less than twice) statute;

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

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 punishment as ordered shall be determined by taking into account the various circumstances, such as the fact that the defendant made a confession and reflects in depth on the grounds of sentencing under Article 62-2 of the Criminal Act, the fact that the defendant disposed of the vehicle, the health status of the defendant, and other conditions attached to the sentencing, such as the age, sexual behavior and environment