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 October 28, 2008, the Defendant was issued a summary order of KRW 2 million with a fine of KRW 1 million for a crime of violating the Road Traffic Act (driving) at the Goyang Branch of the District Court, and on September 18, 2014, a summary order of KRW 5 million with a fine of KRW 1 million for the same crime from the Daegu District Court Port Branch of the District Court.

At around 07:00 on September 4, 2016, the Defendant driven D Launa car at approximately 30 meters under the influence of alcohol concentration of 0.124% at the front of the C hotel located in North-gu B at the port.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the result of crackdown on drinking driving and on the circumstantial statement of a drinking driver;

1. Previous records: Application of inquiry results, such as criminal records, investigation reports, and statutes;

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: In addition to the above circumstances, various sentencing factors indicated in the record, such as Defendant’s age, character and behavior, environment, and circumstances before and after crimes, other than the following: The fact that there was a history of punishment for three times due to drinking driving, the circumstances favorable to the high drinking level: the occurrence of traffic accidents; the driving distance is not relatively long; the driving distance is against the mistake; and there is no other penalty history other than the fine imposed three times due to drinking driving;