A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

【Criminal Power】 On October 13, 2009, the Defendant received a summary order of KRW 1 million for a fine for a violation of the Road Traffic Act in the Seo-gu District Court’s Branch Branch, and on April 9, 2014, the same court issued a summary order of KRW 1.2 million for a fine for a violation of the Road Traffic Act, respectively.

【Criminal Facts of Crimes】 On October 6, 2015, the Defendant driven a B-owned car under the influence of alcohol content of about 0.065% from the section of about 500 meters to the 16-lane 17-ro, Seo-gu, Seo-gu, Seo-gu, Seoul Special Metropolitan City Schropsying Road, in front of a restaurant in the trade name in the vicinity of the agricultural and fishery product wholesale market located in Ycheon-gu, Daegu Special Metropolitan City (Seoul Special Metropolitan City).

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

1. Previous records: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

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

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

1. The criminal liability of the defendant is very heavy in view of the fact that the defendant committed the instant crime, despite the fact that the reason for sentencing of Article 62-2 of the Criminal Act on community service and lecture attendance order had the record of being fined twice due to the same kind of crime.

However, there is no record that the defendant led to the confession of the crime and is in depth against the defendant, there is no history of punishment exceeding the fine, and the degree of the defendant's principal organ (0.065% blood alcohol level) is relatively minor at the time of the crime, and other conditions of sentencing, such as the defendant's age, character and behavior, environment, motive and circumstance of the crime of this case, and circumstances after the crime, etc., shall be considered.