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.

Punishment of the crime

[criminal history] On October 10, 2012, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking driving) at the Cheongju District Court’s Incheon District Court Branch on the same day. On June 5, 2015, the Defendant was issued a summary order of KRW 2 million for the same crime at the same court.

[2] On May 11, 2017, the Defendant driven B, while under the influence of alcohol content of about 10 meters from around 10 meters to the front road of the fishery area of the same Si fishery area, the Defendant driven B, under the influence of alcohol content of about 0.112% from around 16:06 to around 16:06.

Summary of Evidence

【Criminal Facts】

1. Statement by the defendant in court;

1. A report on the circumstances of the driver involved in driving, etc.;

1. Inquiries about the result of crackdown on driving alcohol [the criminal records as stated in the judgment];

1. Written inquiry about criminal history, etc. (A);

1. Application of two copies of the summary order issued under two Acts and subordinate statutes; and

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. The punishment as ordered shall be determined by comprehensively taking into account the following circumstances of sentencing under Article 62-2 of the Criminal Act: Defendant’s age, occupation, sex, family relationship, and circumstances before and after the commission of the crime, and other conditions of sentencing indicated in the records.

The fact that there has been two times of punishment due to the violation of the Road Traffic Act (drinking driving), confessions and reflects that there has been a record of punishment.