A defendant shall be punished by imprisonment with prison labor for up to 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

[criminal history] The defendant was punished by a fine of KRW 1.5 million for a crime of violating the Road Traffic Act at the Jung-gu District Court on January 12, 2009, and a fine of KRW 2.5 million for the same crime at the same court on July 24, 2009.

[2] On September 25, 2016, the Defendant driven a CNF small-scale car under the influence of alcohol with approximately KRW 0.195% alcohol concentration from around 3Km section to the front road of the tin Island in front of the luxan cafeteria, the lux of the GNF If the Defendant driven a cNF small-scale car at around 16:25 on September 25, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver making a drinking and notification of the results of regulating drinking driving;

1. Previous convictions: Inquiries about criminal history and the application of Acts and subordinate statutes to report criminal history (report on confirmation of the same records of the suspect);

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

1. Selection of imprisonment with prison labor chosen;

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 reason for sentencing under Article 62-2 of the Criminal Act on the grounds of the order to provide community service and attend lectures is a convenient means of transport. However, since the dangerous articles that can be inferred with lethal weapons are dangerous articles, a person operating a motor vehicle is obliged to obtain a license and operate a motor vehicle with due care in a normal state.

In particular, drinking driving may lead to large accidents by driving under a state where the ability to exercise due care and physical exercise has been significantly deteriorated, and it is highly likely to cause serious harm to unspecified persons.

Considering the fact that the defendant has already been punished three times due to drinking driving, and that the alcohol concentration in blood at the time of this case is very high, a strict punishment is needed.

However, there is no record of the defendant's mistake, there is no punishment exceeding a fine due to the same kind of crime, and the age, sex, environment of the defendant;