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 May 22, 2008, the Defendant was issued a summary order of 700,000 won of a fine for a crime of violating road traffic laws at the Jung-gu District Court (drinking driving). On August 3, 2009, the Defendant was issued a summary order of 3 million won of a fine for the same crime by the same court. On January 9, 2013, the Defendant was sentenced to a suspended sentence of 1 year of imprisonment with labor for the same crime.

[2] On April 9, 2017, the Defendant driven B rocketing car under the influence of alcohol content of about 0.062% from the 2km section to the 2km road of the Western Highway, which is located in the 116-ro, Seocheon-ro, Chungcheongnam-si, 116, Seocheon-do.

Accordingly, the defendant driving a motor vehicle under the influence of alcohol on more than two occasions, even though he had a record of punishment.

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 conviction: Application of inquiry, inquiry, investigation report (former confirmation), and Acts and subordinate statutes;

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

1. Articles 53 and 55(1)3 of the Criminal Act (including the fact that alcohol content in blood is not relatively high by 0.062% in blood; at the time, the Defendant: (a) was locked after drinking alcohol; and (b) was deemed to have performed an intentional driving of alcohol on the following day; and (c) was contrary to the Defendant;

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 is that the Defendant had three times before and after drinking alcohol, and one time among them, the Defendant has repeated driving of the instant drinking even though he had been prior to a suspended sentence.

However, it is not relatively high in alcohol concentration of 0.062% in blood, and at the time, the defendant was locked after drinking and driving on the next day, and the degree of intention for driving under the influence of alcohol is deemed to have been weak, and the defendant is against the defendant.