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 September 5, 2011, the Defendant issued a summary order of two million won for a crime of violation of the Road Traffic Act at the Changwon District Court on September 5, 201, and a summary order of four million won for a crime of violation of the Road Traffic Act at the same court on August 18, 2014.

On September 21, 2016, around 21:55, the Defendant driven a B-roping car in the state of alcohol alcohol concentration of about 0.137% at the section of approximately 1.5 km in front of the “Toping Goping Goping Goping Goping” before the “Ying Goping Goping Goping Goping Goping Goping”.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the state of drinking drivers, report on the results of the control of drinking driving, and inquiry into the results of the control of drinking driving;

1. Previous convictions indicated in judgment: Application of criminal records, reply reports, investigation reports, and 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. Article 53 or 55 (1) 3 of the Criminal Act (The following extenuating circumstances shall be considered for the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the Defendant again committed the instant crime even though he had been sentenced to a fine due to the crime of violating the Road Traffic Act, as stated in the facts constituting the crime in the judgment of the court below, and that the blood alcohol concentration at the time of driving under the influence of alcohol at the time of the instant case reaches the level of revocation of the license.

However, the defendant does not repeat the same kind of crime again; the reason for favorable sentencing, such as the occurrence of traffic accidents at the time of the driving under the influence of alcohol in this case and the fact that the defendant has no record of being sentenced to suspended sentence or more, and other factors such as the defendant's age, character and conduct, motive, means and consequence of the crime, etc., shall be considered and sentenced to the same punishment as the order in consideration of the sentencing conditions stipulated in Article 51