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

[criminal power] On August 29, 2013, the Defendant was issued a summary order of KRW 1 million for a crime of violation of the Road Traffic Act at the Changwon District Court's Jinju branch on August 29, 2013, and on June 24, 2015, the Defendant was issued a summary order of KRW 2 million for the same crime at the same court.

【Criminal Facts】

On May 14, 2016, at around 01:00, the Defendant driven a 150-meter-pubed vehicle from the section of approximately 150 meters to the road front of the sloping village located in the same Dong from the front of the sloping point in the opposite road in the Jinju-si, while under the influence of alcohol by 0.134% of blood alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (a copy of a summary order of the same kind of force attached);

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. In addition, a person who has been subject to two times criminal punishment due to the reason of sentencing under Article 62-2 of the Criminal Act, is selected to be sentenced to imprisonment in consideration of the fact that he/she drives under drinking again.

However, in light of the favorable circumstances that there is no previous conviction exceeding a fine due to the same crime, the fact that the person would not drive under the influence of alcohol again shall be considered, and the punishment shall be determined like the order, comprehensively taking into account all kinds of sentencing conditions, such as the blood alcohol concentration in this case and the criminal records of the defendant.