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 October 22, 2008, the Defendant was sentenced to a fine of KRW 500,00 to a fine of KRW 500,000 as a crime of violation of road traffic law (drinking) in the support for the development of a water source method, and a fine of KRW 2 million by the same court on June 4, 2013 as a crime of violation of road traffic law (drinking).

On March 12, 2016, the Defendant operated a C-car owned by the Defendant with approximately 500 meters alcohol concentration of about 0.105% under the influence of alcohol level in front of the original-dong community service center located in the same Dong, in the vicinity of the house located in the Gulsan-si, Nowon-si, Seoul-si.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the record of drinking alcohol measurement and a report on the circumstances of the driver involved in drinking;

1. Previous convictions in judgment: Application of a written reply to inquiry, such as criminal history (A);

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. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, the Defendant’s blood alcohol concentration at the time of the instant crime is 0.105%, and the Defendant has been punished for the same kind of crime on three occasions, etc. are disadvantageous circumstances.

However, in consideration of favorable circumstances, such as the fact that the defendant recognized his mistake, reflected, and sold vehicles after the crime of this case, and that the defendant's health condition is not good, the same type as the order shall be determined in consideration of the overall sentencing conditions stipulated in Article 51 of the Criminal Act.