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 January 12, 2009, the Defendant received a summary order of KRW 500,000,000 as a fine for a violation of the Road Traffic Act (drinking driving) in the support for the safe flow of water sources on January 12, 200, and on May 15, 2012, the same court received a summary order of KRW 4 million as the same crime.

On August 29, 2017, while under the influence of alcohol 0.205% among blood transfusions, the Defendant driven BK5 car at a section of approximately 80 meters from the parking lot near the restaurant located in the Singudo-si, Singu-si to the front road of the “Woori River” located in the same location.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Inquiries about the results of crackdown on driving alcohol;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (report on confirmation of such previous history);

1. The relevant Article of the Act and Articles 148-2(1)1 and 44(1) of the Road Traffic Act regarding criminal facts and the selective punishment (op to imprisonment), the prosecutor also stated in the penal provision of the Act applicable to the indictment “Article 148-2(1)1 of the Road Traffic Act” and “Article 148-2(2)1 of the Road Traffic Act” as the penal provision.

However, in consideration of the elements evaluation of the organization and the aspect of legal protection, each crime of drinking under each of the above penal provisions is related to each other's agreement on landscaping, so long as the crime of drinking under Article 1 (1) 1 of the same Act is established, the crime of drinking under Article 1 (2) 1 of the same Act is not established separately.

It is reasonable to view it.

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The reason for sentencing under Article 62-2(1) of the Criminal Act and Article 59 of the Act on the Protection, Observation, etc. of the Order to Attend, despite the fact that the Defendant had been punished twice due to drinking driving, again committed the instant drinking driving crime, and the numerical value of alcohol level during blood is very high, while the Defendant was at the time of committing the instant crime.