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

1. The Defendant, on December 8, 2010, issued a summary order of 1.5 million won for a crime of violating the Road Traffic Act at the Incheon District Court on the same day, and on July 25, 2008, issued a summary order of 1 million won for the same crime by the same court.

2. On April 29, 2016, the Defendant driven a 3 km B K5 vehicle from the road located in Seocho-gu Seoul Metropolitan Yangdong to the road located in Seocho-gu to the 60-day, Gangnam-gu, Seoul, while under the influence of alcohol content of 0.153 percent during blood transfusion around 23:55 on April 29, 2016.

As a result, the defendant was sentenced to criminal punishment twice or more due to drinking, but he was driving again.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement on the circumstances of the driver in charge, written consent to blood collection, request for appraisal of alcohol concentration in the blood, and response to a request for appraisal;

1. A written appraisal of alcohol during blood;

1. Previous conviction: Application of criminal history inquiry, investigation report, and copy of each summary order to Acts and subordinate statutes;

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. An order to attend a course under Article 62-2 of the Criminal Act;