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] The defendant is a person who has been punished for drinking two times or more by a fine of one million won due to a violation of road traffic law at the Chuncheon District Court on September 5, 2007, and a fine of 1.5 million won due to the same crime in the same court on August 8, 2008, and a summary order of 1.5 million won due to the same crime.

[2] On June 18, 2017, under the influence of alcohol content of 0.115% in blood around 22:41, the Defendant driven a C Karen-car in the section of approximately 70km to the front road, regardless of the center of the Defendant’s residence located in Hongcheon-gun, Hongcheon-gun, Gangwon-do Eup/Myeon, where the Defendant was under the influence of alcohol content of 0.15% in his/her blood.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of regulating the driving of drinking alcohol, a statement on the circumstances of the driver of drinking alcohol, and a report on the circumstances of the driver;

1. Previous convictions in judgment: The application of a reply to inquiry, such as criminal history, investigation report (A), and Acts and subordinate statutes attached to a summary order;

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 reason for sentencing under Article 62-2 of the Criminal Act is that the defendant was punished for the crime of violating the Traffic Act on the Roads in 2003, 2007, and 2008. The fact that there was a history of punishment for the crime of violating the Traffic Act on the Roads in 2009, and that the defendant's blood alcohol concentration in alcohol is likely to increase each time when driving alcohol is committed, etc. are disadvantageous elements for sentencing against the defendant.

However, the fact that the defendant has shown to be against the defendant while recognizing the crime of this case and not driving alcohol again, the crime of this case is limited to driving by simple drinking, the occurrence of no more severe result, and the fact that the defendant has no record of criminal punishment of suspension of qualification or more severe punishment, etc. are considered as factors for sentencing favorable to the defendant.