A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal history] On December 11, 2007, the Defendant was sentenced to a fine of KRW 1.5 million for a violation of road traffic law (drinking driving), and a fine of KRW 3 million for the same crime in the same court on March 10, 2008. On October 8, 2008, the Defendant was sentenced to a fine of KRW 5 million for the same crime in the same court.

[2] On April 23, 2016, the Defendant driven a BS-type car under the influence of alcohol level of about 0.142% from the 1km section to the 1km road of the same side of the road from the 1570 additional road located in the 1570 square meters north-do, Gyeong-do, Gyeong-do, Gyeong-do, Gyeong-do at the border of the Gyeong-do.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of driving at drinking, and inquiry of the results of regulating drinking driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to the same type of force);

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. The main sentence of Article 62 (1) of the Criminal Act;

1. The reason for sentencing of Article 62-2 of the Criminal Act on orders to provide community service and attend lectures is that the defendant has the same criminal records ( both fines) several times, and in this case, the blood alcohol concentration is relatively high.

However, a suspended sentence is imposed considering the fact that there is no record of punishment exceeding a fine due to drinking driving, that the crime of this case was committed with considerable time from the date of punishment related to the last drinking driving, and that the crime of this case is against the crime of this case, however, considering the above circumstances, the order to provide community service and attend lectures shall be added to the defendant.