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 March 26, 2013, the Defendant was notified of a fine of KRW 3 million for a crime of violating the Road Traffic Act (drinking driving) at the Changwon District Court’s branch on March 26, 2013. On April 24, 2013, the Daegu District Court was notified of a fine of KRW 4 million for a crime of violating the Road Traffic Act (drinking driving).

[2] The Defendant: (a) committed a violation of Article 44(1) of the Road Traffic Act on at least two occasions; (b) driven a coo motor vehicle in B under the influence of alcohol content of approximately 0.132% in a section of about 300 meters from the road front of a mutual influence restaurant located in the Gandong-gu, Gyeongdong-gu, Gyeongdong-gu, Gyeongdong-gu, Gyeongbuk-gu, Seoul, on December 25, 2016 to the road front of the safe real estate located in about 25-0 U.S. in the same Eup/Myeon.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol driving;

1. Previous convictions in judgment: Application of an inquiry letter, investigation report, and summary order-making statute, such as criminal history;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act applicable to the facts constituting an offense (or choice of imprisonment);

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 grounds for sentencing under Article 62-2 of the Criminal Act include the number of times and time when the defendant was punished for the same kind of crime, the number of alcohol concentration in blood at the time of driving the drinking of this case, the defendant's age, sexual conduct, intelligence and environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., the punishment as ordered shall be determined in consideration of the various reasons for sentencing as shown in the argument of this case, such as the defendant's age