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

On November 4, 2013, the Defendant issued a summary order of a fine of three million won for a crime of violating the Road Traffic Act (drinking driving) at the Changwon District Court on November 4, 2013, and on February 25, 2015, in addition to the issuance of a summary order of a fine of five million won due to a crime of violating the Road Traffic Act (drinking driving), the Defendant is a person with the same drinking and non-licensed driving power of two times more.

On December 24, 2015, the Defendant driven B rocketing car under the influence of alcohol content of about 0.085% while under the influence of alcohol level 0.085%, from a section of about 4 kilometers prior to the Stacking Police Station located in the Yaeg-si to the same city on the road in the vicinity of the Stacking Pack-si, Pak-si located in the same city.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (the previous confirmation of such past history);

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

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. Considering the fact that the defendant committed the instant crime again even though he/she had the same criminal record at several times, strict punishment against the defendant is needed for the observation of protection and the order of community service, and the reason for sentencing under Article 62-2 of the Criminal Act.

However, considering the fact that the defendant's mistake is divided, that there is no criminal conviction exceeding the fine for the defendant, that the defendant is also sentenced to protection observation and community service order along with the suspension of the execution of imprisonment with prison labor, and the defendant's age, sex and environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., the punishment as ordered is imposed.