A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

On August 29, 2011, the Defendant was notified of a summary order of a fine of two million won for a crime of violating the Road Traffic Act at the Changwon District Court on August 29, 201, and was notified of a summary order of one million won for the same crime in the same court on September 16, 2008.

On November 1, 2015, at around 23:50 on the 23:50th day, the Defendant driven a BS-type car under the influence of alcohol content of about 300 meters from the 300-meter section to the road near the cooling distance located in the fluence of Kimhae-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about reports on the detection of drivers engaged in driving, reports on the circumstances of drivers engaged in driving, and the results of regulating drinking;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report an investigation (report attached to a copy of a summary order);

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. The reason for sentencing under Article 62(1) of the Criminal Act (contributing favorable circumstances among the following reasons for sentencing) is that the Defendant again committed the instant crime despite the fact that he/she was sentenced to a fine as a crime of violating the Road Traffic Act, as stated in the facts constituting the crime, is a reason for sentencing unfavorable to the Defendant.

However, the defendant's mistake is divided and reflected, the amount of alcohol concentration in blood at the time of driving of this case is limited to the level of license suspension, support for two children by alone, the defendant has no criminal record of suspended execution or more, the defendant's age, sex behavior, motive, means and consequence of the crime, etc., and the sentencing conditions prescribed in Article 51 of the Criminal Act, such as the circumstances after the crime, shall be sentenced to the same punishment as the order.