A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

On April 23, 2014, the Defendant received a summary order of KRW 3.5 million from the Cheongju District Court to a fine of KRW 3.5 million for a crime of violating the Road Traffic Act. On March 18, 2016, the Defendant received a summary order of KRW 2 million from the Cheongju District Court to a crime of violating the Road Traffic Act.

A person who was punished twice or more due to a violation of the Road Traffic Act (drinking), as above, the Defendant driven a car with B low alcohol leveling 0.142% alcohol level from the 4km section of approximately 4km to the roads in front of the mutual influence in the Cheong-si, Chungcheongnam-gu, Chungcheongnam-si, on December 4, 2016 to the roads in front of the Gu office of petition at the same time.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. Previous conviction: Application of a reply to inquiry, such as criminal history, and a copy of each summary order;

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

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

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is that the defendant had already been convicted of driving the same drinking prior to the instant case, and that the defendant was under the influence of driving the instant drinking while driving the motor vehicle in the road, and was under the influence of driving the motor vehicle in the driver's seat, and disadvantageous circumstances such as the confession and depth of the defendant, favorable circumstances such as the fact that the defendant has no criminal records beyond the fine, and other favorable circumstances such as the defendant's age, occupation, sex behavior, family relationship, and circumstances before and after the crime, etc., the same sentence as the order shall be determined by comprehensively taking account of the following factors: