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

【The Defendant received a summary order of KRW 1.5 million for a violation of the Road Traffic Act at the Seoul Southern District Court on January 6, 2012, the Defendant received a summary order of KRW 1.5 million for a violation of the Road Traffic Act. On February 15, 2013, the Defendant received a summary order of KRW 4 million for a violation of the Road Traffic Act (drinking driving) from the support of the Suwon Frigwon, and was sentenced to a fine of KRW 8 million for a violation of the Road Traffic Act (drinking driving) on December 26, 2013.

【Defendant-Appellant” is a person who violated Article 44(1) of the Road Traffic Act not less than twice.

On August 14, 2017, at around 23:28, the Defendant driven B rocketing car under the influence of alcohol content of about 800 meters in the section from the front of the influent restaurant located in the body of the Kimpo-si, Kimpo-si to the front of the underground vehicular road of Kimpo-si.

As a result, the Defendant, who committed a crime of violating the Road Traffic Act at least twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Making a statement on the circumstances of driving a drinking and inquiring about the results of regulating drinking driving;

1. Previous convictions: Application of an inquiry letter, such as criminal history, and an investigation report (verification of criminal history of a suspect's drinking driving) 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 grounds for sentencing under Article 62-2 of the Criminal Act include: (a) the Defendant committed the instant crime even though he/she had been subject to punishment twice or more due to drinking driving; (b) the alcohol concentration in blood is high by 0.151%; and (c) the Defendant’s mistake is against himself/herself; and (d) the fact that he/she did not have been punished in excess of the fine is considered as favorable circumstances, taking into account various sentencing conditions as shown in the instant argument.