A defendant shall be punished by imprisonment for four 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

On October 10, 2013, the Defendant was issued a summary order of a fine of five million won for a crime of violating road traffic law in the Incheon District Court's Busan District Court's Vice-Support.

Criminal facts

On June 9, 2016, the Defendant driven a water-related vehicle B at approximately 5 km from the roads before the Seocheon-si river to the front day of the Dong Seocheon-si in Sincheon-si, with alcohol content of 0.230%, while under the influence of alcohol around 01:15 and blood alcohol concentration of 0.230%.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of alcohol and application of Acts and subordinate statutes of the report on the circumstances of drivers;

1. Relevant Article of the Act and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

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

1. On the grounds of suspended sentence under Article 62(1) of the Criminal Act, the conditions of all the sentencing recorded in the records, such as the defendant’s age, occupation, sex, environment, and the circumstances before and after the instant crime, shall be determined by comprehensively taking into account the following circumstances.

In contrast, there is a history of fine for the same kind once that there is no penalty exceeding the fine, and the concentration of alcohol in the blood is high.