A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On May 3, 2010, the Defendant was issued a summary order of two million won by a fine for a violation of the Road Traffic Act at the Changwon District Court on May 3, 2010, and on February 9, 2015, the Defendant was issued a summary order of two million won by a fine at the Changwon District Court on February 9, 2015.

On June 12, 2015, at around 23:35, the Defendant driven a car in B, under the influence of alcohol with approximately 300 meters of alcohol content 0.116%, from the front of the restaurant of a bridge located in the Ganhae-si, Kim Jong-si to the burmo road located in the Gannam-si, Kim Jong-si.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the state of drinking drivers, inquiry into the results of the control of drinking driving, and report on the state of drinking driving;

1. Previous convictions indicated in judgment: Application of criminal records, reply reports (A) and Acts and subordinate statutes to investigation reports (a copy of summary order);

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Article 53 or 55 (1) 3 of the Criminal Act (The following extenuating circumstances shall be considered for the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the Defendant again committed the instant crime despite the past record of being sentenced to a fine due to a violation of the Road Traffic Act, as stated in the facts constituting the crime in the judgment of the court below, and that the blood alcohol concentration level at the time of the instant drunk driving is also high, etc.

However, the sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, character and conduct, motive, means and consequence of the crime, etc., shall be considered and sentenced to the same punishment as the order, considering the fact that the defendant's mistake is divided and reflected, that the defendant has no criminal record of the suspension of execution or more, that the defendant has the wife and children to support the defendant, and that there