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 November 13, 2006, the Defendant issued a summary order of KRW 1.5 million as a fine for a violation of Road Traffic Act (drinking driving) in the Gwangju District Court's Netcheon Branch on November 13, 2006, and a fine of KRW 2 million as the same crime in the same court on April 20, 2016.

On August 7, 2017, the Defendant driven a K7-car under the influence of alcohol content of about 0.055% at a distance of about 300 meters from the 300-meter section to the front road of the Hancheon-si, Seocheon-si’s Mutual Influence Road, the Defendant, at around 22:14, 2017, was under the influence of alcohol at around 0.05% from the 300-meter section.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving;

1. Previous conviction: Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (a copy of the summary order of the same kind of force attached);

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 reason for sentencing of Article 62-2 of the Criminal Act on the observation of protection and order to attend lectures is that the Defendant has no record of imprisonment without prison labor or heavier punishment.

However, considering the fact that the defendant has twice a fine for drinking alcohol driving and the interval between the previous drinking driving and the previous drinking driving exceeds one year, the punishment to prevent recidivism shall be determined.