A defendant shall be punished by imprisonment for not more than ten 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 December 27, 2007, the Defendant was issued a summary order of KRW 2,50,000 for a fine for a violation of road traffic laws, etc. at the Changwon District Court's Jinju branch on December 27, 2007. On February 5, 2009, the Defendant was issued a summary order of KRW 2,50,000 for a fine for a violation of road traffic laws (driving), etc. at the same court on February 5, 2009. On August 18, 2011, the Defendant was issued a summary order of KRW 2,00,000 for a crime of violation of

On September 20, 2016, the Defendant driven, at around 01:00, a gold typ car owned B, which is under the influence of alcohol content of approximately 0.243% from a portion of approximately 1km to the front road of the string-ro located in the same string-ro at the same time, from the side of the gold typ car, in the form of alcohol content of which at least 0.243% is drunk.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of response to a request for appraisal, reports on detection of main drivers, and restrictions on drinking driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes governing investigation reports (formers and binding of summary orders);

1. Relevant legal provisions and Articles 148-2 (1) 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. Article 62 (1) of the Criminal Act on the suspended execution;

1. In light of the fact that the defendant had been punished three times due to the crime of drinking driving, and that the defendant committed the crime of this case even though the reason for sentencing under Article 62-2 of the Criminal Code of the Order to Attend was the same as that of the defendant, and that the drinking volume of this case is considerably high, the defendant's criminal liability is not less strict, but the defendant's criminal liability has passed for a considerable period of time, such as the defendant's violation of his own crime, and the defendant's history of driving alcohol has not been punished other than a fine due to the crime of drinking driving, etc., the defendant's favorable circumstances, such as the defendant's age and sexual behavior, and other various sentencing conditions as shown in the records