A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On March 14, 2011, the Defendant was punished by a fine of KRW 1.5 million for a crime of violating the Road Traffic Act at the Changwon District Court on March 14, 201, and a fine of KRW 2 million for a crime of violating the Road Traffic Act at the Changwon District Court on November 5, 2012.

On October 9, 2016, at around 02:30, the Defendant driven a B-owned car in the state of alcohol alcohol concentration of about 0.170% at approximately 50 meters from the Do in front of a strong clinic located in the same Dong from the Do in front of the non-permanent restaurant, Kimhae-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the circumstances of a driver driving a drinking, notification of the results of crackdown on drinking driving, and inquiry into the results of crackdown on drinking driving;

1. Previous convictions in judgment: Application of a written reply to inquiry, such as criminal history (A);

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

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of 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/she had been sentenced to a fine due to a violation of road traffic laws, etc., as stated in the facts constituting the crime in the judgment, and the fact that the blood alcohol concentration level is very high at the time of driving the instant drinking, etc. is the reason for sentencing unfavorable to the Defendant.

However, the defendant does not repeat the same kind of crime again; the traffic accident at the time of driving alcohol in this case occurred; the defendant has no record of punishment other than the past force; the defendant's age, sex, motive, means and consequence of the crime; and other favorable sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, sex, motive of the crime; and the circumstances after the crime, shall be considered and sentenced to the same sentence as the order.