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

[criminal history] On July 23, 2007, the Defendant issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act (drinking driving) at the Busan District Court, and a summary order of KRW 2.5 million for the same crime at the same court on March 29, 2010, respectively.

[ 범죄사실] 피고인은 2017. 1. 10. 01:15 경 통영시 광도면 죽림 리에 있는 한 일식당 앞 도로에서부터 같은 리에 있는 주영 더 팰리스 4차 아파트 앞 도로에 이르기까지 약 200m 구간에서 혈 중 알코올 농도 0.148% 의 술에 취한 상태로 B SM5 승용차를 운전하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;

1. The investigation report (as to the details of enforcement)

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, and application of the same summary order of force;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

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. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

1. Scope of punishment: Imprisonment with prison labor for up to one year and six months;

2. The sentence of sentence is an unfavorable condition to the Defendant for the following reasons: (a) the Defendant, who has been punished five times for a crime related to traffic, such as drinking without a license, driving without a license, etc.; and (b) the Defendant’s blood alcohol concentration relatively high;

However, considering favorable circumstances, such as the fact that the defendant is attempting to commit the instant crime, that there is no history of criminal punishment if the defendant exceeds a fine, that the distance of the defendant's driving is not relatively long, the punishment as ordered shall be determined by taking into account all other circumstances that form the conditions for sentencing specified in the records and arguments, such as the defendant's age, sex, environment, motive, means and consequence of the crime, and circumstances after the crime.