A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On September 13, 2006, the Defendant issued a summary order of KRW 2 million for a crime of violation of the Road Traffic Act at the Busan District Court, and KRW 4 million for a crime of violation of the Road Traffic Act at the Ulsan District Court on December 31, 2007.

Although the Defendant had been punished twice as a crime of violating the Road Traffic Act (drinking) as above, on April 28, 2017, around 02:57, the Defendant driven a B Tro XG car while under the influence of alcohol level 0.126% at approximately 5.2 km from the front parking lot of the play unit, which was located in the 17th of Kimhae-si, to the point where 5.2 km is located in the same east-dong-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Previous convictions in judgment: Inquiry about criminal history and application of investigation reports (netly 17) Acts and subordinate statutes;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55(1)3 of the Criminal Act (Article 555(1)3 of the Act on Reduction of Small Quantity (Article 53 and Article 55(1)3 of the same Act provides that the punishment for the crime is not less than 0.126% in light of the severity of repeated crimes, the risk of recidivism, and the degree of drinking, etc., but not less than the punishment for the crime of the same kind, the fact that there is no record of punishment heavier than the suspended execution due to the same crime, or that there is no traffic accident, or that it is not accompanied by a traffic accident

1. Article 62 (1) of the Criminal Act on the suspension of execution (the above circumstances shall be repeatedly considered. The accused shall pay attention separately to prevent recidivism);

1. Protective observation and community service order under Article 62-2 of the Criminal Act;