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

On August 20, 2010, the Defendant issued a summary order of KRW 1 million to a person who violated the Road Traffic Act (drinking driving), and on May 20, 2014, the Defendant issued a summary order of KRW 4 million to a person who violated the Road Traffic Act (drinking driving) at the same court on August 20, 201.

On November 9, 2017, the Defendant driven a Drocketing car under the influence of alcohol content of 0.125% from the front of the convenience store C in the wife population B, not later than the adjacent road, from around 1m section to the adjacent road.

As a result, the Defendant, even though he had been punished twice due to drinking, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. A E-document;

1. Statement of the circumstances of the driver involved in driving;

1. Notification of the result of regulating driving of drinking alcohol (written measurement record);

1. A traffic accident report;

1. Investigation report (the details of damage and black stuffs investigation) and photographs of the scene of each accident;

1. Written inquiry about criminal history, etc.;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment of judgment);

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 (including circumstances favorable to the examination in the following cases);

1. Article 62 (1) of the Criminal Act on the suspension of execution (The subsequent consideration has been made for favorable circumstances);

1. The grounds for sentencing under Article 62-2 of the Criminal Act, comprehensively taking into account the following circumstances and the Defendant’s age, family relation, sex, environment, motive and background of the crime, means and method of the crime, and the circumstances after the crime, etc., the sentence as ordered shall be determined.

[ favorable circumstances] The Defendant acknowledged his mistake while making a confession of the instant crime. The Defendant’s distance of driving a vehicle under the influence of alcohol is only one meter, and the Defendant is punished by a fine twice due to a violation of the Road Traffic Act (driving) during the last ten years.