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 December 15, 2009, the Defendant received a summary order of KRW 1 million for a crime of violating the Road Traffic Act (driving) from the Daegu District Court Port Branch on December 15, 2009. On November 1, 2010, the Defendant received a summary order of KRW 3 million for the same crime at the same court.

【Criminal Facts】

As above, the Defendant had been punished twice or more for the violation of the Road Traffic Act, but around 06:58 July 16, 2016, while under the influence of alcohol level of 0.11%, the Defendant driven B Poter cargo at the section of about 5 km from the island shooting distance in the south-gu Cheongdo-dong at the port to the Cheongdo-dong in the same Cheongdo-dong-dong-gu Cheongdo-dong, to the Cheongdo-dong in the same Cheongdo-dong-dong.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the result of crackdown on drinking driving and on the circumstantial statement of a drinking driver;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal records, investigation reports (Attachment to the same criminal records and judgments);

1. Relevant laws concerning criminal facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty, and the choice of imprisonment;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (The following circumstances shall be considered in favor of the accused);

1. Article 62 (1) of the Criminal Act;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The number of factors for sentencing indicated in the records, other than each of the above circumstances, including Defendant’s age, character and behavior, environment, and circumstances before and after crimes, are considered in consideration of the fact that there was a history of punishment three times due to drinking driving, circumstances favorable to the high drinking level: Traffic accident due to simple drinking driving, the fact that there is no record of punishment exceeding fines, and there is no record of punishment exceeding fines.