A defendant shall be punished by imprisonment for not more than ten 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

[criminal power] On May 16, 201, the Defendant received a summary order of KRW 1,00,000 as a fine for a violation of the Road Traffic Act (driving) from the Jung-gu District Court Goyang Branch on May 16, 201, the same court issued a summary order of KRW 2,50,000 as a fine for a violation of the Road Traffic Act (driving) on June 28, 201, and on February 28, 2014, the same court issued a summary order of KRW 8,00,000 as a fine for a violation of the Road Traffic Act (driving).

【Criminal Facts】

On May 31, 2016, at around 20:55, the Defendant driven a motor vehicle B, under the influence of alcohol concentration of approximately 0.068%, from approximately 5km to the front road of the Yanju-Eup, Pakistan-si, the same day, around 21:08, on the roads in front of the high-end mountain village, such as Pakistan-si, Puju, Puju-si, and at around 21:08 on the same day.

As a result, the Defendant violated Article 44(1) of the Road Traffic Act on the prohibition of driving under the influence of alcohol at least twice, and once again drives a motor vehicle in violation of this provision.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of driving under the influence of alcohol, and inquiry into the results of the control of drinking driving;

1. Previous convictions indicated in judgment: Criminal history records, investigation reports (Attachment of the same criminal suspect's previous records and summary order), and application of three copies of the summary order under Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act was that the Defendant was driving under the influence of alcohol since four times from 2011 due to the instant crime.

However, there are no criminal records of the same kind that the defendant is against and punished beyond the fine.

Blood alcohol concentration is relatively low.

In addition, the sentencing conditions identified in the records and trial process of this case, such as the health and environment of the defendant, shall be determined as per the order.