A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On September 14, 2006, the Defendant was issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act (drinking driving) at the Seoul Northern District Court on September 14, 2006, and on October 7, 2015, issued a summary order of KRW 1.5 million for the same crime at the Jungbu District Court on October 7, 2015.

Nevertheless, on April 16, 2017, the Defendant once again driven C Eth vehicle at the section of approximately 200 meters from what Don-si, Namyang-si, Namyang-si, the alcohol content of which is 0.168% under the influence of alcohol during blood at around 21:12.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the circumstances of driving at home and a report on the circumstances of the driver at home;

1. Consent to, and confirmation of, the collection of blood, a request for appraisal, or a statement of alcohol alcohol during blood;

1. Inquiries about reports on detection of drivers of drinking alcohol and the results of crackdown on driving alcohol (22 pages of investigation records);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, a criminal investigation report (Attachment of a criminal record before driving alcohol and a summary order), and a summary order;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. On the grounds of sentencing under Article 62-2 of the Criminal Act for the observation of protection and observation, the punishment shall be determined as ordered by taking into account the following circumstances, including the Defendant’s age, sex, environment, method and mode of committing a crime, and circumstances before and after committing a crime.

- The detention of the accused is a serious reflect, there is no longer criminal conviction or heavier than suspended execution, and social ties clearly involve excessive difficulties for the dependent.