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

[criminal power] On January 7, 2013, the Defendant received a summary order of KRW 4 million from the Jeju District Court due to a violation of the Road Traffic Act (driving) and a summary order of KRW 7 million from May 11, 2015 by the same court as a violation of the Road Traffic Act (driving).

【Criminal Facts】

Around 07:40 on August 25, 2016, the Defendant driven a Category B 2 km car with blood alcohol content of about 0.07% while under the influence of alcohol content at around 0.07%, on the front of the Defendant’s house at the Jeju Island, up to the road at the entrance of the bathing beach at the same time.

As a result, the Defendant violated Article 44(1) of the Road Traffic Act on the prohibition of driving under the influence of alcohol not less than twice, and drives a motor vehicle under the influence of alcohol in violation of it again.

Summary of Evidence

1. Statement by the defendant in court;

1. The circumstantial statement of the employee;

1. Inquiry into the result of the crackdown on drinking driving;

1. Previous records: Application of inquiry reports and investigation reports (former records and attachment of judgment), such as criminal records, etc.;

1. Relevant legal provisions and the choice of punishment for a crime: Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of imprisonment;

1. Discretionary mitigation: Articles 53 and 55 (1) 3 of the Criminal Act;

1. Suspension of execution: Article 62 (1) of the Criminal Act (The following factors shall be taken into account the sentencing conditions under Article 51 of the Criminal Act);

1. Orders to put probation and attend lectures: The grounds for sentencing under Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc. shall be determined as the disposition, considering all of the following circumstances:

A favorable circumstances: The defendant seems to have significantly weak compliance consciousness in relation to traffic-related crimes, such as punishment for a fine of three times due to drunk driving, and punishment for a violation of the Road Traffic Act, such as non-exclusive driving, non-licensed driving, and non-insurance driving, etc.