A defendant shall be punished by imprisonment with prison labor for up to 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

[criminal power] On April 30, 2012, the Defendant received a summary order of KRW 4 million for a fine of KRW 1 million for a violation of the Road Traffic Act, etc. in the Gwangju District Court’s net support on April 30, 2012, and on August 25, 2014, the same court received a summary order of KRW 4,50,000 as a fine for a violation of the Road Traffic Act.

【Criminal Facts】

On September 17, 2016, at around 11:40, the Defendant driven CPote vehicle with a blood alcohol concentration of about 0.094% from the 10km section of the 2139-gu Maol-dong, Ansan-si to the front road of the Sinsan-si, Sinsan-si.

Accordingly, the defendant has violated Article 44 (1) of the Road Traffic Act more than twice, and has driven a motor vehicle while under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual status of a host driver;

1. Previous records: Application of criminal records, etc. and other Acts and subordinate statutes;

1. Relevant Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime;

1. Selection of imprisonment with prison labor chosen;

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

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

1. Taking into account all the circumstances, such as the fact that the defendant for the reason of sentencing under Article 62-2 of the Criminal Act regarding probation and order to attend the course is expected not to repeat the same kind of crime in the future, and that the defendant has not been sentenced to imprisonment or heavier punishment until now