A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

[criminal history] On February 24, 2006, the Defendant received a summary order of KRW 2 million from the Changwon District Court on March 31, 2008 to a fine of KRW 2.5 million due to the same crime, etc. in the same court on March 31, 2008, and from the same court through the same court on May 13, 2013 to a fine of KRW 5 million due to the same crime.

[2] On October 18, 2017, at around 01:19, the Defendant driven a Bpan-car under the influence of alcohol content of about 5 km from the 5km section in front of the window tunnel for Changwon-dong located in the same Si-si, Changwon-dong to the road in front of the window tunnel for Changwon-dong.

As a result, the defendant had been punished for drinking driving more than twice, but he also had a drinking driving.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (verification of records punished twice or more due to drinking driving)-related Acts and subordinate statutes;

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 defendant, on the grounds of sentencing of Article 62-2 of the Criminal Act, committed the crime of drinking alcohol driving in spite of his/her past record of criminal punishment of a fine of three times due to drinking driving.

However, according to the fact that the defendant recognized the crime of this case, there is no record of criminal punishment exceeding the fine, the alcohol concentration and driving distance of the defendant's blood, and other factors such as the defendant's age, sex, environment, motive and circumstance of the crime, circumstances after the crime, etc., the punishment as ordered shall be determined.