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

[criminal history] On March 5, 2010, the Defendant received a summary order of KRW 1 million as a crime of violating road traffic law (drinking driving) from the Daegu District Court Kimcheon, and on August 13, 2010, the Defendant received a summary order of KRW 2 million as a crime of violating road traffic law (drinking driving) from the Daegu District Court Kimcheon Branch of the Daegu District Court.

[Criminal facts] On November 6, 2017, the Defendant driven a car with C low alcohol level of about 700 meters from a 700-meter section around the head of Sinsi-dong Sinsi, where it is impossible to identify the trade name in the Geumdo-dong Geumdo-dong Geumdo-si, Seoul around November 23:30, 2017 to the neighboring road of the Geumdo-si reservoir located in the same Dong, under the influence of alcohol level of 0.11%.

Accordingly, although the defendant had been punished more than twice as a crime of violating the Road Traffic Act, he once again driven a motor vehicle while under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving at home, report on the circumstances of the driver at home, and inquiry into the results of crackdown on drinking;

1. Previous convictions: A reply to inquiry, such as criminal history, each disposition, previous convictions, and application of each summary order 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. Article 53 and Article 55 (1) 3 of the Criminal Act to mitigate amount of punishment (see, e.g., Supreme Court Decision 53 and Article 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 20

1. Article 62(1) of the Criminal Act on the suspension of execution (restatement of the aforementioned circumstances);

1. An order to attend a course under Article 62-2 of the Criminal Act;