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 record] On March 20, 2009, the Defendant was issued a summary order of a fine of five million won by committing a violation of road traffic law (drinking driving) at the Dong District Court of Seoul, and on December 11, 2009, issued a summary order of five million won by a fine from the Suwon District Court of Suwon District to the same crime.

[2] On June 4, 2017, the Defendant: (a) driven a motor vehicle with B, under the influence of alcohol content of about 20 km from around the roads near the Gyeonggi Pyeong-gun’s Written transfer of both documents to the high-style fishing place located in the west-si, Chuncheon-si to the roads front of the west-si fishing place; and (b) drive a motor vehicle with B, while under the influence of alcohol content of about 0.097%.

As a result, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice, and driving the said vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report and notification of the results of regulating drinking driving;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and a report on investigation (report on confirmation of the same kind of force of the suspect);

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

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 crime of driving under the influence of alcohol for sentencing under Article 62-2 of the Social Service Order Criminal Act is a crime that may infringe not only the driver but also the lives and bodies of citizens using roads, and requires strict punishment.

Although the Defendant was punished for drinking alcohol driving, the crime is heavy in view of the fact that the Defendant had a drinking again.

However, the court shall comprehensively consider all the factors of sentencing as shown in the records and arguments of this case, such as the fact that the defendant is against the defendant, the same criminal record and the gap between this case, the age, environment, sexual conduct, motive and means of the crime, the circumstances after the crime, etc., and determine the punishment as shown in the text.