A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Punishment of the crime

On August 31, 2009, the Defendant received a summary order of KRW 1 million from the Changwon District Court for a crime of violating the Road Traffic Act, and a summary order of KRW 2 million from the same court on December 14, 2009 for a crime of violating the Road Traffic Act.

On April 18, 2017, around 21:15, the Defendant driven a vehicle of B-III with alcohol content of about 0.103% in the 7km section of blood while under the influence of alcohol content at approximately 0.103% in front of the G-Eup located in 8-9, Nam-ro, Dong-dong, Dong-Eup, Dong-Eup, from the street in front of the gold mine trade located in 8-9, south-ro, Changwon-si, Changwon-si.

Accordingly, the defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. Previous convictions in judgment: Application of a reply letter to inquiry, such as criminal history, (A), investigation report (formers and confirmation reports);

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. The Defendant, on the grounds of sentencing under Article 62(1) of the Criminal Act, committed the instant crime even though he/she had been sentenced to two times a fine due to drinking alcohol driving.

However, the defendant is against the defendant, there is no criminal punishment except for the above criminal conviction, and there was no accident due to driving of drinking.

In addition, the punishment as ordered shall be determined by comprehensively taking into account the records and arguments, such as drinking figures, distance from driving alcohol, age of the defendant, sexual conduct, environment, motive of the crime, circumstances after the crime, etc., and various sentencing conditions shown in the pleading.