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

[Majority Opinion by Justice Chang-won District Court on April 6, 2007, the Defendant issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act (driving) at the Chang-gu District Court on July 13, 2009, and issued a summary order of KRW 2 million for the same crime in the same court on July 13, 2009, and on June 7, 2012, the Defendant was sentenced to a fine of KRW 5 million for the same crime at the same court on the same date.

[2] On December 17, 2016, the Defendant, while under the influence of alcohol at around 13:50, driven B rocketing car at a distance of about 1 km from the front of the hot spring site located in the new village of Changwon-si, Changwon-si to the front of the happy hospital located in the dong-si, Changwon-si, a hot spring site located in the new village of Changwon-si, while under the influence of alcohol at 0.134%.

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. Statement of the circumstances of the driver at home and report of the situation of the driver at home;

1. Previous convictions in judgment: Inquiry about criminal history, summary order, and application of statutes governing judgment;

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 Article 62-2 of the Criminal Act on the charge of attending a lecture has already been committed by the Defendant without being aware of the history of punishment three times due to drinking driving.

The degree of undertoxicatedness is not somewhat weak.

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

The accident did not lead to the actual accident.

The previous previous convictions in the same kind was sentenced to a fine, and the last five years or less among them was just one case. The fact that the mother is supporting the old-age can also be considered as favorable circumstances.

In addition, the sentencing conditions such as the defendant's age, sex, environment, circumstances, and circumstances after the crime are considered.