A defendant shall be punished by imprisonment for six months.

except that 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 August 4, 2008, the Defendant was issued a summary order of one million won for a crime of violating the Road Traffic Act at the Ulsan District Court, and on the same day, at the same court, 2.5 million won for the same crime, and on the same day, the Defendant was issued a summary order of three million won for the same crime at the same court.

On July 21, 2015, at around 21:50, the Defendant driven CM5 car while under the influence of 0.093% alcohol concentration in front of the restaurant on the road in front of the restaurant, “flag House” located in the Guhae-si, Kim Jong-si.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the control of drinking driving, report on the state of drinking drivers' standing statement, and notification of the completion of correction;

1. Previous records before ruling: Application of criminal records, reply reports (A), investigation reports (a copy of summary order, etc.);

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. The reason for the suspended sentence under Article 62(1) of the Criminal Act is that the Defendant again commits the instant crime even though he/she had the record of having been punished for a crime of violating the Road Traffic Act, such as the criminal facts stated in the judgment, even though he/she was sentenced to a fine for a crime of the same kind.

However, the defendant's mistake is divided and reflected, the blood alcohol concentration is not high at the time of driving of this case, the defendant has no record of being punished for the same crime since 2008, the defendant has no record of being punished for the same crime, the defendant has no record of suspended execution or more, the defendant has the age, character and conduct, motive, means and consequence of the crime, and other conditions of sentencing under Article 51 of the Criminal Act, such as the defendant's age, character and behavior, motive, means and consequence after the crime, shall be sentenced to the