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 August 27, 2010, the Defendant was issued a summary order of a fine of two million won for a violation of the Road Traffic Act (driving in drinking) at the Suwon Friwon on August 27, 2010, and on November 19, 2014, the Defendant was issued a summary order of a fine of two million won for a violation of the Road Traffic Act (driving in Drinking) at the Suwon Friwon Friwon.

On February 22, 2018, the Defendant driven a Bcoon vehicle at approximately 800 meters in front of the Cheongsi-dong 55-6 Osan Cheongsi-dong, Cheongsan-si, on the front side of the 'toogle restaurant' located in the substitute in Osan-si, under the influence of alcohol content 0.137% of alcohol during blood transfusion at around 22:49.

Accordingly, the defendant, who violated the prohibition of drinking driving at least twice, was driving the car under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the circumstances of driving at home and a report on the circumstances of the driver at home;

1. Notification of the results of regulating drinking driving;

1. Records of judgment: Application of inquiry letter, investigation report (former and summary order appended thereto) and statutes, such as criminal history;

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. The crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Act is that the defendant, who has had a record of driving under drinking not less than twice of alcohol, once again drives under the influence of alcohol, and the nature of the crime is not less than that of the crime;

However, in light of various circumstances, such as the defendant's age, sex, environment, motive, means and consequence of the crime of this case and the fact that the defendant has no record of being sentenced to a suspended sentence or heavier for the past 10 years, and the defendant's age, sex, environment, motive, means and consequence of the crime of this case, etc., the punishment as ordered shall be determined in consideration of the conditions for sentencing indicated in the records.