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

On October 10, 2011, the Defendant was issued a summary order of 2.5 million won by the Changwon District Court on the grounds of a violation of the Road Traffic Act, etc., and on March 16, 2015, the Defendant was issued a summary order of 4 million won by the same court on March 16, 2015.

On April 3, 2016, at around 01:15, the Defendant driven a B-5 vehicle while under the influence of alcohol with approximately 50 meters alcohol concentration of approximately 0.137% from the 50-meter section to the front road of the public parking lot located in the same Dong and located in the same Dong from the Changwon-si, Changwon-si.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the state of drinking drivers, report on the control of drinking driving, and report on the state of drinking driving;

1. Previous convictions indicated in judgment: Application of criminal records, reply reports (A) and Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Article 53 or 55 (1) 3 of the Criminal Act (The following extenuating circumstances shall be considered for the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The defendant of the reason for sentencing under Article 62-2 of the Criminal Act, as stated in the facts constituting the crime of violation of the Road Traffic Act, committed again the crime of this case despite the fact that he had been punished two times more as the crime of violation of the Road Traffic Act, and even though he had the record of being punished two times more as the crime of violation of the Road Traffic Act, and the fact that the blood alcohol concentration level at the time of driving under the influence of alcohol

However, the sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, character and conduct, motive, means and consequence of the crime, etc., are considered in consideration of the favorable reasons for sentencing, such as the fact that the defendant does not drive under the influence of alcohol again, the driving distance in this case is short and does not cause traffic accidents, and the sentencing conditions stipulated in Article 51 of the Criminal Act are the same.