A defendant shall be punished by imprisonment for six 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 October 1, 2010, the Defendant was issued a summary order of KRW 2 million with a fine of KRW 1 million due to a violation of road traffic law at the Dong District Court in Seoul, and on December 20, 2013, the same court issued a summary order of KRW 5 million with a fine of KRW 5 million due to a violation of road traffic law (driving) in the same court.

[Criminal facts] On March 5, 2017, the Defendant driven B knife under the influence of alcohol content of approximately 0.113% from the 1km section to the front road of the same knife parking lot located in the same knife-dong, Jeju-si, Jeju-si, Jeju-do on March 5, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

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

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to the same type of force);

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act (referring to driving under influence of alcohol) applicable to the facts constituting an offense, the choice of punishment for imprisonment, and the choice of punishment;

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(1) of the Criminal Act include the Defendant’s statement that he/she was punished for driving alcohol not later than four times, and despite the Defendant’s statement that he/she was drinking by not later than one hour on the day, the number of alcohol concentration in blood measured at the time of the instant crime is considerably high.

Considering the purpose of the Road Traffic Act, it is necessary to strictly punish the defendant and prevent recidivism.

However, considering the fact that the defendant did not repeat the crime while committing the crime, the fact that the defendant has no record of criminal punishment exceeding the fine, etc. in favor of the defendant, the circumstances of the defendant's age, sex, environment, motive and circumstance of the crime, circumstances after the crime, etc. are considered.