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 November 8, 2012, the Defendant violated Article 44(1) of the Road Traffic Act by issuing a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act at the Jeju District Court on November 8, 2012, and a summary order of KRW 4 million for the same crime at the same court on April 5, 2016, respectively.

On August 18, 2017, the Defendant, while under influence of alcohol of 02:38%, driven a vehicle of soflurt from the 1km section B at approximately 1km to the 299-5 square road in Jeju-si, Jeju-si, Jeju-do, Jeju-do, in a state of alcohol content of 0.150%.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Response to a request for appraisal;

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

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. As stated in the reasoning of sentencing in Article 62-2 of the Criminal Act, the punishment as ordered shall be determined by taking into account the following factors: (a) the driving of a drinking again, even though the person had been punished twice or twice as stated in the reasoning of sentencing; (b) the degree and time of the alcohol concentration in blood is high; and (c) the details and time of the punishment for driving under the immediately preceding drinking; (d) the Defendant’s age, sexual behavior, environment, details of the crime, circumstances after the crime, etc.