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 November 30, 2007, the Defendant issued a summary order of a fine of KRW 2 million to a person who violated the Road Traffic Act (drinking driving), and on August 7, 2008, a summary order of KRW 3 million to a fine in the same court due to the same crime, etc. on the same day.

On August 19, 2017, the Defendant, while under the influence of alcohol 0.156% during blood transfusion, driven B rocketing car at approximately 500 meters from the front of the Lone Star City road located in the sphere of Sugcheon-dong, Suwon-si, Suwon-si, to the front of the 462 Oral-ro, in a chron-ro, at the time of harmony, from around 500 meters in color to the front of the 3rd mal-distance road.

As a result, the Defendant, even though he had been punished twice due to drinking, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Notification of the results of regulating drinking driving;

1. A traffic accident inspection report and photographs of vehicles related to the traffic accident;

1. Written inquiry about criminal history, etc.;

1. Application of Acts and subordinate statutes reporting previous convictions and results thereof;

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 (including circumstances favorable to the examination in the following cases);

1. Article 62 (1) of the Criminal Act on the suspension of execution (The subsequent consideration has been made for favorable circumstances);

1. The grounds for sentencing under Article 62-2 of the Criminal Act, comprehensively taking into account the following circumstances and the Defendant’s age, family relation, sex, environment, motive and background of the crime, means and method of the crime, and the circumstances after the crime, etc., the sentence as ordered shall be determined.

[ favorable circumstances] The Defendant: (a) led to the confession of the instant crime; (b) did not have any record of being punished in excess of a fine; and (c) did not have any particular criminal record after around 2008.

In this case, the Defendant was punished twice due to drinking.