A defendant shall be punished by imprisonment for four months.

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

Punishment of the crime

[criminal history] On May 7, 2015, the Defendant issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act (drinking) at the Changwon District Court’s Tongwon District Court’s branch on May 7, 2015, and a fine of KRW 1.5 million for the same crime at the same court on April 10, 2012.

[2] On September 3, 2015, the Defendant driven a Bra vehicle under the influence of alcohol level of approximately 0.109% from a section of approximately 100 meters to the front road of the Seongbuk-dong located in the same Sin-si, Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-do, Seoul, to a level of 0.109% under the influence of alcohol level.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol 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. 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. The reasons for sentencing under Article 62-2 of the Criminal Act are as follows: (a) the Defendant was not aware of the fact that he had been punished by a fine due to drinking alcohol twice since 2010; and (b) the Defendant did not have any record of committing a crime exceeding a fine as a result of the Defendant’s wrong commission of the instant crime; and (c) the Defendant’s age, sexual conduct, environment, motive and circumstance of the crime, and circumstances after the crime, etc. are considered as having been committed. It is so decided as per Disposition on the grounds that he was sentenced to punishment as ordered, by taking into account the sentencing conditions stipulated in Article 51 of the Criminal Act,