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 October 26, 2006, the Defendant received a summary order of KRW 1,500,000 as a fine for a crime of violating the Road Traffic Act in the support of the Southern District Court of the Jeonju on October 26, 2006. On June 7, 2016, the Defendant received a summary order of KRW 3,00,000 for the same crime in the same court.

[Criminal facts] On April 29, 2016, the Defendant driven a vehicle of 2 km away from a public parking lot in the public market located in Namwon-si, Namwon-si to the amburgian-dong, where alcohol content is 0.104% under the influence of alcohol during blood around 14:30 on April 29, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the situation of a driver driving a drinking and report on the results of regulating drinking driving;

1. Previous convictions: Application of Acts and subordinate statutes, such as inquiries about criminal history, investigation reports, and prosecution reports;

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 62 (1) of the Criminal Act on the suspended execution;

1. The reasons for sentencing under Article 62-2 of the Criminal Act include the Defendant’s ability to be subject to criminal punishment on several occasions due to drinking, and in particular, when considering the driving of drinking on March 25, 2016 and driving of drinking again at the same time on March 25, 2016, it is highly likely to criticize the Defendant.

However, there is no previous conviction exceeding a fine, and considering the favorable circumstances that the speech and walking condition are good at the time of detection of the crime of this case, and comprehensively considering all the sentencing conditions shown in the pleadings of this case, such as the alcohol concentration in the blood of this case and the family environment of the defendant, the punishment shall be determined as ordered.