A defendant shall be punished by imprisonment for not more than ten 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 16, 2009, the Defendant received a summary order of KRW 500,000 from the Changwon District Court to a fine of KRW 500,00 for a crime of violating the Road Traffic Act, and on August 19, 2016, a summary order of KRW 1,00,000 for a fine of KRW 1,00 for the same crime, respectively.

피고인은 2018. 8. 23. 20:50 경 혈 중 알코올 농도 0.072% 의 술에 취한 상태에서 경남 의령군 의령읍 동 동리에 있는 짬뽕과 고기 식당 앞 도로에서부터 같은 군 의병로 233에 있는 의령읍 중앙 사거리까지 약 3km 구간에서 약 200m 정도 E 로 체 승용차를 운전하였다.

As a result, the Defendant again driven a motor vehicle under the influence of alcohol in violation of the above provision, even though the Defendant violated the prohibition of drinking at least twice.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

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. References to inquiries, such as criminal history, and application of the Acts and subordinate statutes on investigation reports (this paper 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. Although Article 62-2 of the Criminal Act of the Order to Attend a lecture has the same record of sentencing, the sentence like the order shall be determined by comprehensively taking into account the following factors: (a) the Defendant’s reflection of alcohol level during the instant blood transfusion; (b) driving distance; (c) the Defendant’s age, occupation, sex, sex, family relationship, living environment, circumstances leading to the commission of the crime; and (c) the conditions