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 October 1, 2008, the Defendant issued a summary order of KRW 2,50,000,000 for fines due to a violation of Road Traffic Act (drinking) at the Busan District Court Branch Branch Branch Office, and on February 21, 2014, a summary order of KRW 500 for the same crime, etc. at the same court.

Although the Defendant had had a history of driving alcohol twice or more as above, on November 30, 2016, the Defendant driven BM5 car under the influence of alcohol concentration of 0.144% during blood, and proceeded with a distance of approximately 500 meters from the front day of the 7th mar-gu Incheon Bupyeong-gu sports hall to the front day of the 60th mar-gu 27th mar-ro, Incheon Bupyeong-gu sports hall.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver at home and report on the detection of the driver at home;

1. A written appraisal of alcohol during blood;

1. Previous convictions: References to inquiries, investigation reports (a confirmation before and after the driving of a suspect's drinking), and copies of summary order attached thereto; and

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. Article 53 and Article 55 (1) 3 of the Criminal Act (the fact that his/her mistake is repented, etc.) of the mitigated amount;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following extenuating circumstances in favor of the reasons for sentencing);

1. The reason for sentencing under Article 62-2(1) of the Criminal Act and Article 59 of the Act on the Observation, etc. of Protection, etc. of Social Service and Order to Attend, even though the defendant had five times of the same kind of crime, is not guilty in the crime of this case where he drives a vehicle under the influence of alcohol. However, in the situation where the defendant shows the symptoms of pit, the defendant seems to have been driving a vehicle on his own because the substitute driver who requested the drinking after being under considerable mental stress due to conflict with his father and sing in the state where he had been showing the symptoms of pit, he could not be seen as having been driving a vehicle on his own because he was unable to reach the time. The distance of movement was relatively relatively long, the defendant's age, sex, occupation, environment, family relationship, etc., and other conditions of sentencing such as age, sex, and family relation of the defendant