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 June 23, 2008, the Defendant was notified by the Changwon District Court of a summary order of a fine of KRW 1.5 million due to a violation of road traffic law (driving), and a fine of KRW 3 million due to a violation of road traffic law (driving), at the Changwon District Court on September 9, 2016.

[2] On February 11, 2018, at around 02:10, the Defendant driven B Poter cargo vehicles under the influence of alcohol with approximately 5 meters alcohol concentration 0.165% from the front of the soup soup, soup, soup from the front of the soup soup to the front of the head TWn cosmetic located in the same Dong.

Accordingly, the defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on detection of any violation of traffic laws on the road, report on the circumstances of the driver of the vehicle driving, investigation report (Evidence No. 10 pages);

1. Previous conviction in judgment: Inquiry about criminal history and application of Acts and subordinate statutes of each summary order;

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 reason for sentencing under Article 62-2 of the Criminal Act, the Defendant already committed a second offense without being aware of the fact that he had been punished twice due to drinking driving.

In particular, the defendant had his license revoked due to the driving of the pre-paid vehicle, and he had a motor vehicle driven without permission at least three months after re-acquisition of the license.

The degree of undertoxicatedness is not somewhat weak.

However, the defendant reflects the wrongness in depth and does not repeat again in the future.

It has not led to the actual accident, and the distance of driving is also driving.

The previous previous convictions had been sentenced to a fine in full, and the last five years or less are only one case, and there is no previous conviction or more than one year of suspension of execution.