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 February 18, 2010, the Defendant was notified of a summary order of a fine of 700,000 won for a crime of violating the Road Traffic Act at the Incheon District Court, and on September 21, 201, the Defendant was sentenced to a suspended sentence of 4 months from the Busan District Court for a violation of the Road Traffic Act.

On June 22, 2015, at around 02:25, the Defendant driven a BM5 vehicle while under the influence of alcohol content of approximately 0.05% from a section of approximately 500 meters in blood to the front road of the light oil station located in the Dong-dong in Kimhae-si, Kimhae-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on the detection of any violation of traffic laws on roads, notification of the results of regulating the driving of alcohol, statement of the situation of the driver under driving, and inquiry into the results of regulating the driving of alcohol;

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

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. 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 commits the instant crime even though he/she had the record of being sentenced to a fine and a suspended sentence due to a violation of road traffic laws, as stated in the facts constituting the crime in the judgment.

However, the sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, sexual conduct, motive, means and consequence, etc., are considered and reflected by the defendant's mistake, the amount of alcohol concentration in blood at the time of driving of this case is not high, and no punishment force exists after September 21, 201, and the defendant's age, sexual conduct, motive, means and consequence of the crime, and the circumstances after the crime.