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, 2008, the Defendant was sentenced to a summary order of KRW 1,50,000 to a fine for a violation of the Road Traffic Act, and on May 10, 2012, the Defendant was sentenced to a suspended sentence of imprisonment for eight months in the same court due to the same crime.

Nevertheless, at around 21:15 on May 4, 2015, the Defendant driven a B-hand car under the influence of alcohol with approximately 500 meters alcohol concentration of 0.147% at a section of 50 meters adjacent to the Posi-dong in the south-gu Yan-gu Yan-gu Viewing road near the port-to-port viewing road located in the south-gu Yan-gu Yan-gu Viewing-si.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial report on the driver, the written request for appraisal, and the report on detection of the driver;

1. Previous convictions in judgment: Criminal records and other inquiries, and the application of Acts and subordinate statutes on investigation reports (verification of the same criminal records of a suspect);

1. Relevant laws concerning criminal facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty, and the choice of imprisonment;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (The following circumstances shall be considered in favor of the accused);

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

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The fact that the defendant has been punished for driving under the influence of alcohol, including a suspended sentence, and there are other records of punishment, and that drinking water is relatively favorable: The fact that the driving is not caused a traffic accident due to a simple drinking driving, the driving distance is not relatively short, the driving distance is not a criminal record, the fact that there is no criminal record, and the fact that the driving is against the wrongness;