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

[criminal history] On January 3, 2011, the Defendant was issued a summary order that imposes a fine of one million won for a crime of violating the Road Traffic Act (drinking driving) at the Daejeon District Court on January 3, 201, and on May 28, 2013, the Defendant was punished for drinking two million won or more by a fine for a crime of violating the Road Traffic Act (drinking driving) at the Daejeon District Court on May 28, 201.

[2] On October 15, 2016, the Defendant was under the influence of alcohol level of 0.111% during blood transfusion around 08:34, the Defendant driven BMF5 car at a section of about 2km from the section of 2km to the roads front the southwest of Seocho-gu Seoul, Seocho-gu, Seoul, the Kawon-dong (121-8) on the roads below the 0.11% of alcohol level.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement under the circumstances of driving at home;

1. A response to a request for appraisal, and a written appraisal of alcohol during blood transfusion;

1. A report on the detection of a primary driver;

1. Investigation report (the application of the above dmark formula);

1. Previous convictions in judgment: Inquiry about criminal history, investigation report (verification of the same kind of force), and application of Acts and subordinate statutes of each summary order;

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

1. Selection of imprisonment with prison labor chosen;

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

1. The reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence are as follows: (a) the Defendant, as stated in its reasoning, once again, was driven in a chronic state where alcohol level exceeds 0.1% in blood alcohol level, even though he/she had a two-time driving force; and (b) the Defendant’s age, sex, environment, and circumstances after the crime are considered, and the sentence is determined as ordered.