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 December 13, 2010, the Defendant was issued a summary order of a fine of one million won for a crime of violating the Road Traffic Act at the Busan District Court, and on January 28, 2013, the Defendant was issued a summary order of 1.5 million won for a crime of violating the Road Traffic Act at the Gwangju District Court.

On November 25, 2017, the Defendant driven a BH car at approximately 200 meters prior to the Evaluation Institute for Health Insurance Review, as from the back frame of the bank in Ulsan-dong in Gwangju Mine-gu to the same Gu, while under the influence of alcohol content of 0.096% during blood transfusion around 22:43, 2017.

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, and application of Acts and subordinate statutes to investigation reports;

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 to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection and Order to provide community service, order to attend lectures, and order to attend lectures;

A. Unfavorable condition: The Defendant committed the instant crime even though he/she was punished for the same offense as that of his/her judgment on driving alcohol.

(b) favorable conditions: The defendant's acknowledgement of the crime of this case and reflects his mistake, and there is no record of punishment of suspended execution or more;

C. The Defendant’s punishment was determined in consideration of the Defendant’s age, sex, environment, circumstances before and after the commission of the crime, and other various sentencing conditions specified in Article 51 of the Criminal Act, which were revealed in the records of the instant case.