A defendant shall be punished by imprisonment with prison labor for up to 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

On July 4, 2008, the Defendant was notified of a summary order of KRW 1 million for the crime of violation of the Road Traffic Act in the Changwon District Court's branch on July 4, 2008, and on August 27, 2010, the Defendant was subject to the notification of a summary order of KRW 2.5 million for the same crime in the same court on August 27, 201.

On November 04, 2016, at around 16:50, the Defendant driven Cpoter cargo at a 20m section of approximately 0.085% of blood alcohol content from the 20m section of the same day as the day before the day of the household-to-si, Chungcheongnam-gun, Gyeongnam-gun, for a while under the influence of alcohol content of 0.085%.

Summary of Evidence

1. Defendant's legal statement;

1. Reports on traffic accidents and reports on the results of the control of drinking driving;

1. Previouss before ruling: Application of criminal records, repeated statements, investigation reports, and Acts and subordinate statutes;

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

1. Selection of sentence alternative imprisonment with prison labor (to select imprisonment with prison labor instead of a fine in consideration of the fact that the criminal record, who was punished for driving under drinking or driving without obtaining a license, has five times the criminal record, and the occurrence of traffic accidents at the time of driving

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (including the fact that the defendant has no criminal record of probation or heavier, etc.);

1. Article 62 (1) of the Criminal Act ( repeatedly considering the above conditions);

1. Probation or order to attend a lecture for compliance driving under Article 62-2 of the Criminal Act;