The punishment of the accused shall be determined by six months of imprisonment.

However, the above sentence shall be executed for a period of two years from the date this judgment became final and conclusive.

Punishment of the crime

[criminal history] On December 4, 2012, the Defendant received a summary order of KRW 1,00,000 from the Gwangju District Court to a fine for a crime of violating the Road Traffic Act, and a summary order of KRW 1,50,000 as a fine for a crime of violating the Road Traffic Act at the Gwangju District Court on April 14, 2014.

[2] On June 22, 2017, around 00:25, the Defendant driven a C-5 car while under the influence of alcohol leveling 0.190% in light of approximately 20 meters of household alcohol level in front of the Seo-gu Seoul Metropolitan City B apartment building 1, Seo-gu, Seoul Metropolitan City.

As a result, the Defendant again driven a motor vehicle while under the influence of alcohol, who violated the prohibition of drinking at least twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Inquiries about the results of crackdown on the driving of drinking and statement in the circumstances of the driver of drinking;

1. The actual survey report and photographs;

1. Previous convictions in judgment: Application of a reply to inquiries, such as criminal history, and criminal investigation reports (report attaching summary written orders and reports) Acts and subordinate statutes;

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. Article 62 (1) of the Criminal Act on the stay of execution (The following factors shall be considered as favorable to the punishment):

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, comprehensively taking account of all the sentencing conditions in the instant case, including the following circumstances and the Defendant’s age, sex, environment, background and result of the instant crime, and the circumstances after the instant crime, the sentence as ordered shall be determined.

A favorable normal situation: The defendant has been divided into and reflected in his mistake.

The defendant does not commit a second offense.

The defendant moved to a residential parking lot by proxy driving.

There is a family member to support the defendant.

D. Unfavorable circumstances: The defendant's blood alcohol concentration is considerably high, and the crime of this case is repeated even though he/she had been punished twice due to drinking driving.

A drinking driving.