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 January 18, 2008, the Defendant received a summary order of KRW 1 million as a crime of violating road traffic law (drinking driving) from the Gangnam Branch of the Chuncheon District Court on January 18, 2008, and a fine of KRW 2 million as a crime of violating road traffic law in the same court on December 11, 2008.

Although the Defendant had been punished twice or more due to drinking driving, the Defendant driven BM3 automobiles under the influence of alcohol level of about 0.13% from the roads of the same 10m section from the roads of the Danan-dong Cosmetics in the East Sea, on November 4, 2016 to the roads of the same Donan-do, BM3 automobiles under the influence of alcohol level of about 0.13% from the 10m section of the blood alcohol level.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver at home and report on the detection of the driver at home;

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

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. Articles 53 and 55 subparag. 1 subparag. 3 of the Criminal Act to be mitigated considering extenuating circumstances (the following extenuating circumstances among the reasons for sentencing);

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection [the scope of punishment] The execution of a sentence shall be suspended on condition that the defendant’s punishment shall be determined and observed within the term of punishment mitigated considering the contents and frequency of imprisonment for six months or one year and six months (the decision of sentence], the number of drinking alcohol and driving circumstances of this case, the suspension of qualification or more criminal records, the defendant’s family environment, support relationship, etc., within the term of punishment mitigated considering extenuating circumstances.