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

On December 21, 2009, at the Changwon District Court, the Defendant received a summary order of two million won or more as a fine for a violation of the Road Traffic Act (driving), and on August 22, 2012, at the Busan District Court, a summary order of two million won or more as a fine for a violation of the Road Traffic Act (driving).

On August 10, 2015, at around 22:09, the Defendant driven a B B B B B car under the influence of alcohol alcohol concentration of approximately 150 meters from the front of the “friwon frequency” road located in the Kimhae-si, Kim Jong-si to the front road of the “Fuculium” in the same Dong.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the control of drinking driving, statement on the state of drinking drivers, and notification of the completion of correction;

1. Previous records: Application of criminal records, reply reports (A) and Acts and subordinate statutes to criminal records, investigation reports (Attachment to A judgment of a suspect);

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. Article 53 or 55 (1) 3 of the Criminal Act (The following extenuating circumstances shall be considered for the reasons for sentencing):

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

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the Defendant again commits the instant crime even though he/she had the record of being sentenced to a fine due to a violation of the Road Traffic Act, as stated in the facts constituting the instant crime, and that the blood alcohol concentration at the time of driving of the instant case is very high, etc., which are disadvantageous to the Defendant.

However, the sentence like the order shall be imposed in consideration of the fact that the defendant repents and reflects his mistake, that the defendant does not have any criminal record of suspension of execution or more for the same crime, and that the defendant has the criminal record of suspension of execution or more for the same crime, and that the defendant's age, character and conduct, motive, means and result of the crime,