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

On May 16, 2012, the Defendant issued a summary order of 1,50,000 won to a fine for a violation of the Road Traffic Act (drinking driving) at the Suwon Friwon on May 16, 201, and a fine of 4 million won for a violation of the Road Traffic Act (drinking driving) at the Suwon Friwon on May 22, 2013, respectively.

On September 29, 2017, around 22:05, the Defendant driven a E-car under the influence of alcohol of about 800 meters alcohol content from the front side of the fluence of the fluence Eup in the Republic of Korea to the front day of the 21st day of the same Eup/Myeon in the same Eup/Myeon, where he/she was under the influence of alcohol of 0.116%.

As a result, the Defendant, even though he had been punished twice due to drinking, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Reporting on the detection of a primary driver;

1. Written inquiry about criminal history, etc.;

1. Application of Acts and subordinate statutes to a report on investigation (a summary order accompanied);

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 (including circumstances favorable to the examination in the following cases);

1. Article 62 (1) of the Criminal Act on the suspension of execution (The subsequent consideration has been made for favorable circumstances);

1. The grounds for sentencing under Article 62-2 of the Criminal Act, comprehensively taking into account the following circumstances and the Defendant’s age, family relation, sex, environment, motive and background of the crime, means and method of the crime, and the circumstances after the crime, etc., the sentence as ordered shall be determined.

[The favorable circumstances] The defendant acknowledged his mistake while leading to the crime of this case; the defendant did not cause other damage, such as traffic accidents; the defendant has no record of punishment exceeding the fine; and the social relationship of the defendant is relatively obvious.

The crime of this case is likely to be punished twice due to drinking, even though the defendant had been punished twice due to drinking.