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 of the final judgment.

Punishment of the crime

[criminal power] On June 2, 2008, the Defendant violated the prohibition of driving under the influence of alcohol not less than two times by receiving a summary order of a fine of one million won due to a violation of the Road Traffic Act (driving) from the Seo-gu District Court’s branch on the part of the Daegu District Court on the part of the Defendant, and by receiving a summary order of one million won due to a violation of the Road Traffic Act (driving) from the Daegu District Court on October 13, 2010.

【Criminal Facts】

On July 2, 2016, at around 02:26, the Defendant driven a B Cller vehicle while under the influence of alcohol with approximately 2 km alcohol concentration of 0.165% from the section of approximately 2 km to the road before the “Korea Drrgy” road located in the street near the Magsan-dong, Mansan-si, Busan, to the road.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the state of a drinking driver, report on the control of drinking driving, and inquiry into the results of the control of drinking driving;

1. Previous convictions in judgment: The application of Acts and subordinate statutes to criminal records, investigation reports;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act is the number and time of punishment for the same kind of crime; the numerical value of blood alcohol concentration at the time of driving under the same case; the defendant's age, character and conduct, intelligence and environment; motive, means and consequence of the crime; and the circumstances after the crime, etc., the punishment as ordered shall be determined in consideration of various factors of sentencing as shown in the argument of this case.