A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On January 7, 2013, the Defendant issued a summary order of KRW 3.5 million to a fine for a violation of the Road Traffic Act at the Changwon District Court on January 7, 2013, and on December 14, 2006, the Defendant issued a summary order of KRW 1 million to a fine for a violation of the Road Traffic Act (driving) at the Busan District Court's Dong Branch Branch.

Criminal facts

On September 21, 2016, the Defendant driven a motor vehicle, etc. under the influence of alcohol on 00:05 and 0.181% of blood alcohol concentration on 0.181%, from the day before the Jinju, which is located in the Young-gu, Busan, the Defendant driven the motor vehicle under the influence of alcohol on 2 or more occasions by a person who drives the motor vehicle under the influence of alcohol on 1 or more occasions from the day before the Jinju, which is located in the Yandong-dong, Busan, to the front of the Jinju-dong, Busan

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Inquiry into the result of the crackdown on drinking driving;

1. Previous records: Application of inquiry reports on criminal records, etc. and investigation reports (attached to the previous records and summary orders of the defendant);

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act of the order to attend a compliance driving lecture is heavy in view of the fact that the defendant again committed the instant crime even though he had the same criminal record. However, considering the fact that the defendant is led to the confession, the defendant has no criminal record exceeding the fine, the defendant's age, occupation, alcohol density in blood, driving distance, etc., the punishment as ordered shall be determined by taking into account all the normal materials revealed during the trial