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 history] On April 14, 2010, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (driving in Drinking) at the inn of the Suwon Friwon Friwon. On January 9, 2014, the Defendant was issued a summary order of KRW 5 million for the same crime at the same court.

On October 19, 2015, the Defendant was sentenced to a suspended sentence of six months for a violation of the Road Traffic Act (drinking driving) in the credit support of the Suwon Friwon method, and the Defendant was sentenced to a suspended sentence of two years, and the judgment was finalized on October 27, 2015.

[Criminal facts] On September 6, 2015, the Defendant driven C Poter Cargo at approximately 3 km from the front of the sports complex in the village of Yacheon-si, Echeon-si to the front of the Yacheon-si, Echeon-si, Echeon-si, with alcohol content of 0.158% while under the influence of alcohol during blood at around 20:20 on September 6, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of driving at home;

1. Inquiries about the results of crackdown on drinking driving;

1. Previous convictions in judgment: References to inquiries, such as criminal history, and application of Acts and subordinate statutes on investigation reports;

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. Subsequent to Article 37 of the Criminal Act dealing with concurrent crimes: Provided, That the main sentence of Article 39 (1) shall be applicable;

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 extenuating circumstances shall be considered for the reasons for sentencing):

1. Article 62 (1) of the Criminal Act on the stay of execution (Article 62 (1) of the Criminal Act on the grounds for sentencing as follows);

1. The reasons for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on the Observation, etc. of Protection, etc. of Social Service Order have the history of having been punished several times for the same crime. In light of the fact that the Defendant was prosecuted for a crime of violating the Road Traffic Act (drinking) by the court at the time of the instant crime, and was pending trial, it is not necessary to sentence even for the prevention of the Defendant’s drinking alcohol driving.

However, the defendant does not drive drinking again in the future while recognizing and opposing his own crime.