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 April 4, 2008, the Defendant was notified of a summary order of a fine not exceeding one million won for a crime of violating the Road Traffic Act at the Suwon District Court on the same day, and on December 23, 2014, the Defendant was notified of a summary order of a fine not exceeding 1.5 million won for the same crime at the Changwon District Court on the same day.

On December 8, 2015, at around 23:55, the Defendant driven a car with a alcohol content of approximately 100 meters from the parking lot for “a golf course screened by flosoft-dong,” which is located in the Taiwan-si, Kimhae-si, to the front road of the Sammun-dong located in the same Sammun-dong, and driven a car with a alcohol content of at least 0.095% in blood while under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about reports on the detection of drivers engaged in driving, reports on the circumstances of drivers engaged in driving, and the results of regulating drinking;

1. Response to a request for appraisal;

1. Previous convictions in judgment: Application of Acts and subordinate statutes to a reply to inquiry, such as criminal history, (A) and a report on investigation (Attachment, such as a copy of the summary order decision);

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. The reason for sentencing under Article 62(1) of the Criminal Act (contributing favorable circumstances among the reasons for sentencing) is that the Defendant again committed the instant crime even though he/she had been sentenced to a fine twice due to a violation of Road Traffic Act, as stated in the facts constituting the instant crime, and the amount of alcohol concentration during blood alcohol at the time of driving the instant crime is relatively high, etc. that are disadvantageous to the Defendant.

However, the sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, sexual conduct, motive, means and consequence of the crime, etc., are considered in consideration of the fact that the defendant's mistake is divided and reflected, that the defendant has no record of punishment heavier than that of the suspension of execution, and that there is no other reason to impose the same punishment as the order.