A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal history] On October 8, 2008, the Defendant was issued a summary order of KRW 500,000 as a fine for a violation of road traffic law at the Busan District Court’s branch branch branch branch (dacting driving) and on July 12, 2013, the Defendant was issued a summary order of KRW 2.5 million as a fine for a violation of road traffic law (dacting driving) in the same court.

[2] On December 16, 2016, the Defendant driven B car from around 2 km to the front road of the Bank located in the Dong-dong in Busan-dong (Gu) to Dong-dong 1146-11, under the influence of alcohol content of around 06:01 on December 16, 201, while driving around 0.085% of alcohol content.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the detection of a primary driver;

1. Application of the statutes of the response request for appraisal;

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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following favorable circumstances):

1. Although there is a history of being sentenced to four times of punishment due to driving of drinking alcohol for the reason of sentencing under Article 62(1) of the Criminal Act (hereinafter referred to as the following favorable circumstances), there is also a need to strictly punish the instant crime. However, there is also a need to punish the instant crime, which is recognized as erroneous, and the drinking value is less than 0.1%, there is no record of criminal punishment exceeding the fine, and other factors, such as the Defendant’s age, sex, environment, circumstances leading to the instant crime, and circumstances after the commission of the crime, etc., by comprehensively taking into account.