A defendant shall be punished by imprisonment for not less than eight months.

However, for two years from the date this judgment becomes final and conclusive, the execution of punishment shall be suspended.

Punishment of the crime

[criminal power] On March 5, 2007, the Defendant was notified by the Ulsan District Court of the summary order of KRW 1 million as a crime of violation of the Road Traffic Act, and on June 10, 2014, the same court notified the same crime of the summary order of KRW 5 million.

【Criminal Facts】

On May 30, 2016, the Defendant, while under the influence of alcohol of 0.056% of blood alcohol concentration at around 23:40 on May 30, 2016, driven a car by chip from approximately 300 meters to the front road of the Hashesaw-si in the Mancheon-si Ordinance-ro.

Summary of Evidence

Defendant’s legal statement

A statement of control, a report on the situation of driving under the influence of alcohol, a inquiry into the results of the control of drinking driving, and a report on the results of the control of drinking driving: The application of a summary order shall be made with a criminal record inquiry.

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

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

3. Article 62 (1) of the Criminal Act;

4. Probation and community service order Article 62-2 of the Criminal Act reflects the defendant's wrongness. However, when the defendant was punished seven times due to drinking or driving without a license since 200, it seems that there is no awareness or warning about drinking or driving without a license.

Therefore, the execution of imprisonment is suspended, but probation is ordered to prevent recidivism and inspiring awareness.