A defendant shall be punished by imprisonment for not more than ten months.

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

Criminal facts

On October 27, 2006, the Defendant received a summary order of KRW 1 million from the Changwon District Court to a fine of KRW 1,500,000 as a crime of violating the Road Traffic Act; on February 1, 2010, a summary order of KRW 1,50,000 as a crime of violating the Road Traffic Act; on November 29, 201, the Changwon District Court issued a summary order of KRW 3 million as a crime of violating the Road Traffic Act at the Changwon District Court on November 29, 201; and on November 10, 201, the Defendant was sentenced to a suspended sentence of KRW 2,00,000 to a fine of KRW 3 million for a crime of violating the Road Traffic Act.

On February 18, 2017, the Defendant driven B automobiles in the section of approximately 200 meters from the Do near the Changwon-si Central Eastdong District to the 3rd-distance of the Changwon-si Central Athletic Site at approximately 0.149% of alcohol level during blood transfusion around 18:08.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to the same type of force);

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 (wholly considering the favorable circumstances) of the suspended execution;

1. The grounds for sentencing under Article 62-2(1) of the Criminal Act, including the fact that the Defendant was involved in the instant crime in depth and reflects his mistake, and that there are some circumstances that may be somewhat taken into account the motive and circumstances leading to the instant crime, as well as the means and results of the instant crime, including the circumstances after the crime, the Defendant’s age, sexual behavior, intelligence and environment, and criminal record relation, determined the same sentence as the order.