A defendant shall be punished by imprisonment for not more than ten 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 August 24, 2009, the Defendant was sentenced to a summary order of KRW 500,000 as a fine for a violation of the Road Traffic Act (driving) at the Incheon District Court. On November 8, 2011, the Defendant received a summary order of KRW 3 million as a fine for the same crime from the same court. On November 21, 2013, the Defendant was sentenced to a suspended sentence of 8 months for the same crime, etc.

On June 28, 2016, at around 07:38, the Defendant driven Bsch Rexroth car under the influence of alcohol content of about 0.055% in a section of about 200 meters from the front of the “theme hotel” in the 69-ro, Seocheon-si, Seocheon-si, to approximately 77-45, the same route route.

Summary of Evidence

1. Defendant's legal statement;

1. The application of Acts and subordinate statutes in accordance with the main employment law (List 1);

1. Relevant laws concerning criminal facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty, and imprisonment with prison labor;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, Article 59 of the Probation Act, Article 62-2 of the Act on Probation, etc., the defendant’s favorable conditions (i.e., confession, reflectivity, blood alcohol content relatively low, the distance from driving a vehicle is relatively short), unfavorable circumstances (including the previous criminal records in the market, and the previous and four times, including the previous criminal records in the market), and other factors of sentencing as indicated in the instant case, such as the defendant’s age, character and behavior, living environment, and circumstances after the crime, are considered as follows.