A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

On November 26, 2007, the Defendant received a summary order of KRW 700,000 from the Ulsan District Court to a fine for a violation of road traffic law (drinking driving), on February 21, 2008, a summary order of KRW 1,50,000,000 for the same crime from the Busan District Court branch branch, and on April 20, 2010, a summary order of KRW 4 million for the same crime from the Busan District Court.

Criminal facts

On September 28, 2016, at around 21:15, the Defendant driven BM3 car in the state of alcohol with approximately 0.135% alcohol concentration in blood from around 4 KK to the 292nd road in Gwanak-gu Seoul Special Metropolitan City, Guro-gu, Seoul Special Metropolitan City.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving under the liquor:

1. Inquiries about the results of crackdown on drinking driving;

1. Previous conviction: Application of Acts and subordinate statutes to inquire about criminal history and report on investigation (Attachment of the same criminal record and summary order);

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the stay of execution ( considered in light of the fact that it reflects the depth, that the previous conviction due to driving of alcohol has been about six years, that there has been no criminal conviction of imprisonment or more, the age, environment, etc. of the defendant);