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 26, 2008, the Defendant is a person who violated Article 44(1) of the Road Traffic Act by receiving a summary order of KRW 700,000,000 as a fine for a violation of the Road Traffic Act from the Suwon District Court’s House on December 26, 2008, and a fine of KRW 2 million from the same court on August 24, 2012, respectively.

On January 2, 2016, the Defendant, while under the influence of alcohol content 00:25, operated approximately 400 meters on the road front of the Pyeongtaek-si Police Station located in Pyeongtaek-dong and located in the same Dong in Pyeongtaek-si, by driving the B car with alcohol content 0.142%.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of driving at home;

1. Notification of the result of crackdown on driving alcohol;

1. Previous conviction: Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (Attachment of a summary order of the same type of crime);

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 amount of punishment (see, e.g., Supreme Court Decision 53 and 55 (1) 3);

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

1. The reasons for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of and Order to Attend the Republic of Korea, are determined as above on the grounds of the above circumstances and the attitude of serious reflectivity, social ties, circumstances after the crime, and other circumstances such as the defendant's age, sexual conduct, intelligence, environment, etc.