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

[Power of crime] On November 3, 2006, the Defendant received a summary order of KRW 1 million as a fine for a violation of road traffic law at the Suwon Flag Flag on November 3, 2006, and a summary order of KRW 2 million as a fine for the same crime in the same court on March 20, 209.

[2] On February 5, 2017, the Defendant driven BM7 car under the influence of alcohol content of about 0.094% in a section of about 100 meters, i.e., 265-h., 17 in front of the same city transmission from the Do in front of the Mag-dong, Busan-si, Busan-si, Busan-si, to the Do in front of the 265-ro Do.

Therefore, even though the defendant was punished twice or more due to drinking, he again driven a motor vehicle under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating driving of drinking, statement of the circumstances of driving of drinking, and inquiry into the results of regulating driving of drinking;

1. Previous convictions indicated in the judgment: A reply to inquiry, such as criminal history, report on investigation (Attachment of a summary order of the same kind of force of the suspect), application of summary orders and other Acts and subordinate statutes;

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. On the grounds of sentencing under Article 62-2 of the Criminal Act, the conditions of sentencing indicated in the records, such as the defendant’s age, occupation, sex, family relation, living environment, circumstances leading to the crime and circumstances after the crime, etc. shall be determined by comprehensively taking account of the following circumstances and the degree of the criminal committed.

- The Defendant had been punished twice by a fine due to drinking driving, but he was not aware of it, and re-driving again.

- However, the defendant seems to have recognized his mistake and repented.

- There is no particular criminal history after being punished for a fine in 2009.