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 June 24, 2012, the Defendant received a summary order of KRW 1.5 million from the Seoul Central District Court to a fine of KRW 1.5 million for a crime of violating the Road Traffic Act, and on November 19, 2014, to a fine of KRW 2 million for a crime of violating the Road Traffic Act, respectively.

On 00:30 on 13, 2017, the Defendant driven a B-30 vehicle from the 10km section of approximately 10km away from the 0.110% alcohol concentration among blood transfusion to the 0.110%, Sungnam-gu, Sungnam-gu, Sungnam-si, the public parking lot in the Sungnam-gu, Sungnam-si, Sungnam-si, to the roads prior to the Dong Ri-si, the Defendant driven a B-130 vehicle.

Accordingly, the defendant, even though he had been punished not less than 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. Notification of the results of regulating drinking driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (referring to the previous one and summary order);

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.

[ favorable circumstances] The Defendant: (a) led to the confession of the instant crime while recognizing his mistake; (b) the Defendant did not cause other damage, such as traffic accidents; and (c) the Defendant was sentenced to a fine due to a violation of the Road Traffic Act in 2012 and 2014; and (d) there was no special criminal record, other than

[Unfavorable Conditions] The crime of this case is committed twice by the defendant for the same kind of crime.