A defendant shall be punished by imprisonment for not less than eight 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 April 13, 2009, the Defendant was issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act (drinking driving) at the Changwon District Court Jinwon Branch on April 13, 2009. On April 15, 2010, the Defendant was issued a summary order of KRW 1.5 million for the same crime at the same court on April 15, 2010. On July 18, 2013, the Defendant was issued a summary order of KRW 3.5 million for the same crime at the same court.

On October 25, 2016, the Defendant, while under the influence of alcohol content of approximately 00:11% among blood, driven at the section of approximately 30 meters from around 00 meters from around 00 to around 00 meters from around 0.090 meters to around 0.3 meters from around cafeteria, on a passenger car owned by the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Making a statement on the circumstances of the driver involved in driving, making a report on detection of the driver involved in driving, and making inquiries about the results of regulating drinking;

1. Previous convictions in judgment: Application of an inquiry letter, summary order, and other Acts and subordinate statutes, such as criminal history;

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

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. In light of the fact that the Defendant had been punished several times due to drinking driving, and that the Defendant committed the instant crime even though the reason for sentencing under Article 62-2 of the Criminal Code of the Order to Attend the lecture, and that the Defendant’s drinking volume is considerable, etc., the Defendant’s criminal liability is not easy, but the Defendant’s criminal liability is against his/her own crime, and that the Defendant has no penalty history other than the fine, etc., the Defendant’s favorable circumstances should be taken into consideration, and the Defendant’s age and sexual behavior, etc. shall be determined by taking into account various sentencing conditions as indicated in the instant records and the