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 August 29, 2014, the Defendant received a summary order of 700,000 won of a fine due to a violation of road traffic laws (drinking driving) from the Youngcheon District Court’s Young-gu branch on August 29, 201, and a summary order as of March 13, 2015 in the same court, respectively.

On March 13, 2017, around 21:25, the Defendant driven B New Franchising car under the influence of alcohol content of approximately 0.105% from the section of approximately 2.3 kilometers from the 102 front of the 102nd Calll apartment 13, a 11rd Do-ro, the Hancheon-si river from the 102nd of the 102nd to the 456-1st of the same city.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

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

1. Investigation report (verification of suspect's driving distance of drinking);

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (verification of records on the same type of crime) statute;

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 stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The reasons for sentencing under Article 62-2 of the Criminal Code of the Order to Attend a lecture are as follows: (a) unfavorable circumstances such as the Defendant committed the instant crime without being aware of the fact that the Defendant had been punished twice due to drinking driving; (b) the Defendant recognized the instant crime; (c) favorable circumstances such as the fact that the Defendant has no record of being punished in excess of the fine due to the same kind of crime; and (d) other favorable circumstances such as the Defendant’s age, sex behavior, environment, and circumstances after the commission of the crime; and (c) various conditions of sentencing specified in the pleadings