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

On June 12, 2007, the Defendant received a summary order of KRW 1 million from the Daegu District Court to a fine of KRW 1 million for a crime of violating the Road Traffic Act, and on October 1, 2010, a summary order of KRW 2.5 million from the Western Branch Branch of the Daegu District Court to a fine of KRW 1 million for the same crime.

On December 16, 2015, at around 04:43, the Defendant driven a motor vehicle with D low alcohol level from approximately 10km to the front road of “C Hanwon” located in Seogu Seo-gu, Seogu, Daegu, Seo-gu, Seoul, under the influence of alcohol level of about 0.129% in blood alcohol level.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (referring to the previous one and summary order);

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act applicable to 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. The reason for sentencing under Article 62-2 of the Criminal Act, including the observation of protection and the order to attend lectures, has already been subject to a fine twice due to drinking driving, so the sentence of imprisonment is chosen. It is so decided as per Disposition by taking into account the following factors: (a) there is no criminal record other than a fine; (b) the Defendant’s age, sex behavior, and environment; and (c) other conditions of sentencing