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

On August 23, 2006, the Defendant issued a summary order of KRW 3,000,000 as a fine for a violation of the Road Traffic Act at the Busan District Court on August 23, 2006, or a fine of KRW 3,000,000 as a crime of violation of the Road Traffic Act at the Changwon District Court on September 14, 2015.

On April 6, 2018, the Defendant, while under the influence of alcohol content of 0.115% during blood transfusions, driven a Burstm car at the section of approximately 8 KKm from the front of the drinking market to the front of the first instance-class restaurant located in the old and old wind gate in the same city from the front of the drinking market.

As a result, the defendant violated the prohibition clause on drinking at least twice, and drives a motor vehicle under the influence of alcohol again in violation of this provision.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A report on the circumstances of the driver at home;

1. Application of an inquiry letter, such as criminal history, investigation report (verification of driving force under drinking not less than twice) and 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. 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 Article 62-2 of the Criminal Act, again committed the instant crime of drinking alcohol driving even though he/she had been punished twice due to drinking driving.

However, the defendant is against his or her wrong recognition of his or her mistake, and he or she again refuses to drive a vehicle by selling a vehicle, etc.

In addition, the punishment as ordered shall be determined in consideration of the various circumstances that are conditions for sentencing, such as the defendant's age, sex, environment, family relationship, background leading to the crime, degree of drinking, and circumstances after the crime.