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 July 2, 2010, the Defendant issued a summary order of KRW 2 million to a fine for a violation of the Road Traffic Act (drinking driving) at the Suwon Friwon on July 2, 2010, and on May 11, 2016, the Defendant issued a summary order of KRW 1.5 million to a fine for the same crime at the same court.

On April 5, 2017, the Defendant, while under the influence of alcohol at around 0.138%, driven a BSP car in the section of about 1km from the front of the alcohol house in which it is impossible to identify the trade name of the wife of the Gangnam-gu University located in the Gangseo-gu Gung-gu Gung-gu Gung-gu, Gan-si under the influence of alcohol at around 0.138% during blood, to the roads near the language distance in the same Dong.

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. A traffic accident report;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (the previous confirmation of such past 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 (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 punishment as ordered shall be determined.

[The favorable circumstances] The defendant acknowledged his mistake while making a confession of the crime of this case, and there is no record that the defendant was punished in excess of the fine.

(1) [Unfavorable circumstances] The crime of this case is 0.138% of alcohol concentration in blood while the defendant had been punished twice for the same crime, although he had the record of being punished twice for the same crime.