A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

On January 31, 2007, the Defendant issued, at the Incheon District Court, a summary order of KRW 1.5 million for the crime of violation of the Road Traffic Act, a fine of KRW 1.5 million, a summary order of KRW 2.5 million for the same crime in the same court on April 16, 2009, and a summary order of KRW 3 million for the same crime in the same court on September 6, 201.

On September 14, 2016, the Defendant driven a B K5 car while under the influence of alcohol 0.14% at around 07:15 on September 14, 2016, which had a history of drinking twice or more as above, and proceeded 5 km from the front of the road of the Nam-gu Incheon Metropolitan City Tan-dong B-dong B-dong B-dong B-dong, to the road of the same 3-5 km-dong-dong.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Making a report on the control of drinking driving;

1. A previous conviction: An inquiry letter, an investigation report (Attachment to a summary order of the same kind of power), and a copy of Acts and subordinate statutes attached thereto;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (the fact that he/she repents his/her mistake, etc.);

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

1. The reasons for sentencing under Article 62-2(1) of the Criminal Act and Article 59 of the Act on Probation, etc. are as follows: (a) even though there are a number of criminal records violating the Road Traffic Act, including the three identical criminal records, the Defendant is not guilty of driving a vehicle under the influence of alcohol; (b) however, it does not result in any violation of other traffic-related Acts and subordinate statutes; (c) the Defendant’s fault is divided later; and (d) the Defendant’s age, character and conduct, environment, family relationship, etc. are all considered to be subject to sentencing.