A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal history] On August 7, 2008, the Defendant was issued a summary order of KRW 1.5 million by the Incheon District Court for a crime of violating the Road Traffic Act (drinking), and a summary order of KRW 1 million by the Ulsan District Court for a crime of violating the Road Traffic Act (drinking) on April 6, 2016.

[2] On March 13, 2016, the Defendant driven a Benz’s car at a section of about 300 meters from around 300 meters in front of a water chill restaurant located in the Dong-si in Gyeyangnam-si, Chungcheongnamnam-si to the road front of the Gannam-si in the same Dong, while under the influence of alcohol content of at least 0.080% of alcohol during blood transfusion around 22:0.

As a result, the defendant was sentenced to criminal punishment twice or more due to drinking, but he was driving again.

Summary of Evidence

1. Statement by the defendant in court;

1. Making a report on the circumstances of a driver who is placed in driving and inquiring about the results of regulating drinking;

1. The driver's license ledger;

1. Previous conviction: Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (Attachment of judgment);

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Article 53 and Article 55(1)3 of the Criminal Act for Reduction of Quantity [The detection of a motor vehicle while the motor vehicle was temporarily driven by the motor vehicle while the motor vehicle was driven by his/her agent, the history of drinking driving is limited to twice (the fine is KRW 1.5 million on August 2008, the fine is KRW 1.5 million on April 201, the fact that there is no record of having been sentenced to a suspended sentence or heavier punishment for the same crime, and the drinking value is not high, etc.];

1. Article 62 (1) of the Criminal Act (Concurrent Consideration for the foregoing reasons);

1. An order to attend a course under Article 62-2 of the Criminal Act;