A defendant shall be punished by imprisonment with prison labor for up to 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 November 22, 2012, the Defendant was sentenced to a fine of KRW 5,00,000 for the violation of the Road Traffic Act (drinking driving) in the Sungnam Branch of Suwon Friwon on November 22, 2012, and a fine of KRW 3,00,000 for the same crime, etc. at the Seoul Central District Court on February 20, 2013. On October 25, 2016, the Defendant driven a BM vehicle under the influence of alcohol concentration from approximately 50 meters to the front of the hospital located at approximately 63 meters away from the day before the day of the drinking house in which it is impossible to identify the name located at the center of Hegsan-gu, Jeonsan-gu, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the detection of a driver at a driving school, a report on the circumstances of the driver at a driving school, the appearance, uniforms, language, the result of attitude, and the ledger of use of the measuring instruments for drinking;

1. On-site photographs;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, investigation report (the suspect's history of driving alcohol and result of disposition);

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances in favor of the defendant among the grounds for sentencing);

1. Article 62 (1) of the Criminal Act on the suspension of execution (resumed grounds for reduction of amount);

1. Reasons for sentencing under Article 62-2 of the Criminal Act - Grounds for protection and observation, community service, and lecture attendance order - The circumstances unfavorable to the accused are three times a previous conviction of a fine of the same kind (driving of alcohol), repeated crimes of the same kind since 2010, and the degree of main practice (0.123% a alcohol level in blood): - The circumstances favorable to the accused: serious reflectivity, no longer any previous conviction for suspension of execution, and any dependent child, etc. - The comprehensive matters that are conditions for sentencing prescribed in Article 51 of the Criminal Act.