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 August 8, 201, the Defendant received a summary order of KRW 1,50,000 from the Changwon District Court to a fine of KRW 1,50,000 as a crime of violating the Road Traffic Act (driving of Drinking), and on October 22, 2012, a fine of KRW 1,50,000 as a crime of violating the Road Traffic Act (driving of Drinking) at the Changwon District Court.

[2] Around 01:05 on September 22, 2018, the Defendant driven a BEX car while under the influence of alcohol content of about 0.124% from the 3km section to the front road of the Don-dong in the same Don-dong as the Don-dong, Changwon-si’s window gallle in the same Don-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. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);

1. Previous conviction in judgment: Application of Acts and subordinate statutes to inquire about criminal history and report on investigation (the suspect's previous conviction and report on confirmation);

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 part of the Defendant committed a second offense without being aware that he had been subject to a total of four times punishment due to drinking driving.

The degree of undertoxicatedness is not somewhat weak.

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

In fact, there was no actual accident.

The preceding previous conviction was sentenced to a fine for all years, and there was no same criminal record during the last five years.

There is no criminal record of suspended execution or more during the last twenty years.

A family with a family member to be supported can also be considered as a favorable situation.

In addition, the age, sex, environment, background, circumstances after the crime, etc. of the defendant.