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

[criminal history] On July 28, 2006, the Defendant was sentenced to a summary order of a fine of three million won for a violation of road traffic laws at the Changwon District Court on July 28, 2006, and on October 4, 2007, the Defendant was sentenced to a suspended sentence of two years for a period of four months due to a violation of road traffic laws (driving) by the same court.

[Criminal facts] On November 23, 2017, the Defendant driven a 1 ton cargo vehicle Ew-III, while under the influence of alcohol leveling 0.168% from around 300 meters to around D’s front road in the 300-meter section from the roads of Changwon-si, Changwon-si, Changwon-si, Changwon-si, the Defendant driven a 1 ton cargo vehicle.

Accordingly, the Defendant, who violated Article 44(1) of the Road Traffic Act not less than twice, driven a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries into the results of regulating driving of drinking alcohol, a statement on the circumstances of the driver of drinking alcohol, and an investigation report (report on the circumstances of the driver of drinking alcohol);

1. Previous convictions: Application of inquiry statements, such as criminal history, investigation reports (Attachment to criminal records of the same kind and written judgments of the suspect);

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, the punishment as ordered shall be determined by comprehensively taking account of the defendant’s age, sex, environment, motive, means and consequence of the crime, circumstances after the crime, etc.

Unfavorable circumstances: The crime of this case has been committed in spite of the record of being punished four times for the same kind of crime.

The favorable circumstances: The crime of this case is against the law.

The punishment for the same crime is about 10 years, considering that it has been punished for the same crime.