A defendant shall be punished by imprisonment for six months.

except that 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

On July 15, 2007, the Defendant was punished by a summary order of one million won or more for a violation of the Road Traffic Act in the Jeonju District Court's military mountain support on July 15, 2007, and by a summary order of two million won or more for the same crime in the same court on October 27, 201, and by a summary order of two million won or more for the same crime.

Nevertheless, at around 22:10 on September 25, 2016, the Defendant driven a two-wheeled motor vehicle with blood alcohol content of about 5 km from the front of the main place in the mutual influence located in the area of the Busan Metropolitan City, Gun-si, Jeollabuk-do to the front road of the Family Health Center located in about 107-1 in the same sea network from around 107-1.

Accordingly, the defendant was a person who violated the prohibition of driving under the influence of alcohol not less than twice, and driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the control of drinking driving and on the driving of drinking drivers;

1. Requests for appraisal;

1. Previous records of judgment: Application of criminal records, investigation reports (a report on confirmation of punishment records for drunk driving at least twice a suspect) and other Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Although the defendant, who has been punished several times due to the driving under the influence of alcohol for the reason of sentencing under Article 62(1) of the Criminal Act, was under the influence of alcohol and the nature of the crime is not weak, in particular, drinking driving is a large accident by driving under the influence of considerable influence and physical exercise ability, which may cause serious harm to unspecified people, and thus may cause serious harm to them, considering the fact that the defendant recognizes his mistake and reflects it, there is no record of being punished exceeding the fine for the same kind of crime, and all other circumstances that form the conditions for the sentencing, such as the age, character, conduct and environment of the defendant.