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 December 21, 2006, the Defendant received a summary order of KRW 2 million for a crime of violating the Road Traffic Act (drinking driving) from the Cheongju District Court on December 21, 2006, and a summary order of KRW 4.5 million for a crime of violating the Road Traffic Act (drinking driving) in the same court on April 25, 2012, respectively.

[2] Although Defendant 1 had been punished for the above crime of violation of the Road Traffic Act (driving of alcohol) on at least two occasions, Defendant 1 driven BSP car at around 1km from around 00:10 on June 16, 2017 to around 0.138% of alcohol level among blood alcohol level in the section of about 1km from around 00:10 on June 16, 2017.

Summary of Evidence

【Criminal Facts】

1. Statement by the defendant in court;

1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);

1. Inquiries about the result of crackdown on driving alcohol [the criminal records as stated in the judgment];

1. Written inquiry about criminal history, etc. (A);

1. Application of a copy of the summary order under statutes;

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 (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The punishment as ordered shall be determined by comprehensively taking into account the following circumstances of sentencing under Article 62-2 of the Criminal Act: Defendant’s age, occupation, sex, family relationship, and circumstances before and after the commission of the crime, and other conditions of sentencing indicated in the records.

The fact that there has been two times of punishment due to the violation of the Road Traffic Act (drinking driving), confessions and reflects that there has been a record of punishment.