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 May 23, 2017, the Defendant was issued a summary order of a fine of one million won for a crime of violating the Traffic Act on the road at the Chuncheon District Court on May 23, 2017, and on March 20, 2018, the Defendant was indicted for the same crime with summary order of a fine of 3.5 million won on the same day and was issued with the summary order of a fine of 3.5 million won.

On March 29, 2018, the Defendant driven BSP car in the state of alcohol alcohol concentration of approximately 0.113% at the section of approximately 1.5km from the roads near the mouth of the Gangwon National University, Gangwon National University, Gancheon-si, to 325 tin after the same hour, and from the front intersection of the Posco apartment site, the Defendant driven BSP car in the state of under the influence of alcohol concentration of about 0.113%.

Accordingly, the Defendant, who violated Article 44(1) of the Road Traffic Act not less than twice, was driving a motor vehicle under the influence of alcohol in violation of this provision.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. On-site reports, on-site photographs, reports on the circumstances of the driver under the influence of alcohol, inquiries about the results of crackdown on drinking driving, and circulars to inquiries, such as criminal records (A), investigation reports (the records of the same type of crime and the attachment of the case pending in trial), application of statutes significantly to this court;

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 rationale for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of and Order to Attend the Republic of Korea appears to be against the Defendant’s criminal intent, and the fact that the Defendant has no record of criminal punishment heavier than imprisonment, etc. is favorable to the Defendant.

However, the defendant, even though he was punished by a fine twice due to drinking driving (2017, 2018), has the criminal history of driving under the influence of drinking, has engaged in driving under the influence of drinking while driving under the influence of alcohol, has interfered with smooth traffic on the two-lanes after stopping while driving under the influence of alcohol, and has interfered with driving under the short term.