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

In February 28, 2008, the Defendant was sentenced to a fine of 1.5 million won for a crime of violating the Road Traffic Act (drinking driving) at the Chuncheon District Court on February 28, 2008, and a fine of 1.5 million won for the same crime in the same court on September 21, 2011.

On August 4, 2017, the Defendant driven B cruise car under the influence of alcohol content of about 0.138% at the 1km section from around 1km to the front of the Gangwon National University located in the same Do as the Do in front of the master’s master’s degree distance, around 21:25, the Defendant, at around Chuncheon National University.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. Previous convictions in judgment: Application of the provisions of the Acts and subordinate statutes to inquiries, such as inquiries about criminal history;

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 grounds for sentencing under Article 62-2 of the Criminal Act for the observation of protection and the order to attend lectures have the record of being punished for driving under drinking in 2008 and 2011, and the Defendant again committed the instant crime even though he had the record of being punished for driving without a license, which is a similar crime, in 2008. The fact that the alcohol content in blood is higher than 0.138% at the time of the instant crime, etc. is an element for sentencing unfavorable to the Defendant.

However, the defendant shows the appearance of recognizing and opposing the crime of this case, the crime of this case does not cause any more severe result due to a simple drinking driving, the defendant has no record of criminal punishment in addition to the above criminal records, and there is no record of criminal punishment of suspension of qualification or heavier punishment, etc., shall be considered as factors of sentencing favorable to the defendant, and the age of the defendant and other factors shall be considered as factors of sentencing.