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

[criminal history] On July 13, 2009, the Defendant was issued a summary order of KRW 2,50,000 as a fine for a violation of road traffic law at the Changwon District Court’s Tongwon District Court’s Tong-gu branch on July 13, 200, and a fine of KRW 2,50,000 as a fine for a violation of road traffic law in the Changwon District Court’s Tong-gu branch branch on November 11, 201.

[Criminal facts] On November 20, 2016, the Defendant driven CV car at around 4km from the pay parking lot located in the Southern-dong, Busan-gu, Busan-do to the east-do, Busan-do, to the front road. From approximately 0.158% alcohol concentration among blood, the Defendant driven CV car at around 0.158% under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of alcohol, reporting on the circumstances of driving of alcohol, and statement on the circumstances of the driver;

1. Domination photographs;

1. Inquiry about criminal history, application of a copy of each summary order, and applicable statutes;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. Although the defendant had been sentenced to a fine due to drinking alcohol driving two times, the defendant's reasons for sentencing under Article 62-2 of the Criminal Act is determined as ordered for the reason that he was sentenced to punishment by taking into account the defendant's age, occupation, sex, family relationship, circumstances leading to the crime of this case, etc., and the conditions of sentencing under Article 51 of the Criminal Act, such as the circumstances before and after the crime of this case, etc.