A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

On May 9, 2007, the Defendant received a summary order of one million won or more as a fine for a violation of the Road Traffic Act (driving) at the Busan District Court. On October 9, 2008, the Defendant received a summary order of 1,500,000 won or more as a fine for the same crime from the same court. On January 28, 201, the Defendant received a summary order of 2,50,000 won or more as a fine for the same crime from the official branch of the Daejeon District Court.

On September 8, 2016, at around 23:10, the Defendant driven a B-learning car under the influence of alcohol content of about 0.135% at a section of approximately 100 meters from the 100-meter radius from the flive ground parking lot of the trade name, “Cutainer,” “Cutain,” which is in the interest of Jingu, Jindong-gu, Jingu, Kim Young-si, to the front road of the Seodaemun Park in the same Ri.

Summary of Evidence

1. Defendant's legal statement;

1. On-going driving reports, reports on the state of his/her oral statement, and inquiry into the results of the crackdown on drinking;

1. Previous convictions indicated in judgment: Application of criminal records, reply reports (A) and Acts and subordinate statutes to investigation reports (attached to summary orders);

1. Relevant Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime;

1. Selection of imprisonment with prison labor chosen;

1. Article 53 or 55 (1) 3 of the Criminal Act (The following extenuating circumstances shall be considered for the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the Defendant again committed the instant crime despite the record of having been sentenced to a fine due to the crime of violating the Road Traffic Act, such as the crime committed in the judgment of the court below, and that the blood alcohol concentration at the time of driving under the influence of alcohol in this case is very high, etc.

However, there are favorable reasons for sentencing, such as the fact that the defendant does not drive a drinking again in the future, and that the defendant has no record of criminal punishment heavier than a suspended sentence, and other conditions for sentencing prescribed in Article 51 of the Criminal Act, such as the defendant's age, character and conduct, motive, means and consequence of the crime, etc.