A defendant shall be punished by imprisonment for six 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 August 31, 2006, the Defendant was under the control of the police due to the charge of driving under the influence of alcohol, and was indicted on November 30, 2006 by the Changwon District Court for a non-detained crime due to a violation of the Road Traffic Act (driving under the influence of alcohol). On May 29, 2007, the Defendant was under the control of the vehicle again under the same charge and was prosecuted on October 4, 2007 for a concurrent crime of violation of the Road Traffic Act (driving under the influence of alcohol) at the same court. On October 25, 2007, the Defendant was sentenced to imprisonment for eight months and a suspended sentence two years for a violation of the Road Traffic Act (driving under the influence of alcohol).

On September 3, 2015, around 00:40, the Defendant driven a C low alcohol vehicle under the influence of alcohol content of about 0.117% at a section of about 200 meters from the road near the center of “Da” located in 26-4, Nam-gu, Sungwon-si, Sungwon-si, Sungwon-si, Seoul, to the road outside the center of the same Dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving;

1. Inquiry into criminal history, and application of each of the court rulings and statutes;

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. Article 62 (1) of the Criminal Act on the stay of execution (Consideration of reflective nature, content of the same kind of power, etc.);

1. An order to attend a course under Article 62-2 of the Criminal Act;