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 May 20, 2010, the Defendant received a summary order of KRW 2 million from the Cheongju District Court to a fine for a violation of the Road Traffic Act (drinking driving), and on September 25, 2013, the same court received a summary order of KRW 2 million from a fine for a violation of the Road Traffic Act (drinking driving).

피고 인은 위와 같이 음주 운전 금지규정을 2회 이상 위반한 사람으로서 2017. 4. 22. 00:03 경 청주시 흥덕구 짐대로에 있는 ‘ 육풍’ 식당 앞 도로에서부터 같은 구 짐대로 64에 있는 아배 숑 모텔 앞 도로까지 약 50m 구간에서 혈 중 알콜 농도 0.123% 의 술에 취한 상태로 B 싼 타 페 승용차를 운전하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol, and statement or report on the circumstances of the driver;

1. Previous convictions: The application of Acts and subordinate statutes after inquiry results, reporting the results of inquiry, previous convictions and findings of dispositions;

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 sentencing conditions indicated in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the crime, under the grounds for sentencing under Article 62-2 of the Criminal Act, shall be determined as ordered by taking into account the following circumstances:

The fact that the defendant has committed the crime of this case while he was punished for two times or more by drinking alcohol driving, confessions that the amount of alcohol concentration in blood is considerably high, reflects that he/she has agreed with the victim of the traffic accident.