A defendant shall be punished by imprisonment for six months.

However, 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 April 16, 2012, the Defendant issued a summary order of a fine of KRW 3 million for a violation of the Road Traffic Act (driving) at an Ansan Branch of Suwon District Court on April 16, 2012, and on January 29, 2014, the Defendant was sentenced to a fine of KRW 3 million for a violation of the Road Traffic Act (driving) at an Ansan Branch of Suwon District Court on January 29, 2014.

On August 24, 2016, at around 06:04, the Defendant driven B K7 cars under the influence of alcohol content of approximately 0.071% in the section of approximately 2 km from around 50-1 of the 2km-dong 50-1 at the time of the game show to the front side of the balking-dong 50-1 at the time of the game show.

Accordingly, the defendant has violated Article 44 (1) of the Road Traffic Act more than twice, and has driven a motor vehicle while under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Response to the request for appraisal;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports, and Acts and subordinate statutes;

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The Defendant’s age, character and conduct, environment, the background of the instant crime, circumstances after the instant crime, etc., is in conflict with the reason of sentencing under Article 62-2 of the Criminal Act;