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 January 19, 2007, the Defendant was issued a summary order of KRW 4 million for a crime of violating the Road Traffic Act (drinking driving), and KRW 3 million for the same crime at the same court on October 22, 2012.

On October 6, 2015, the Defendant, while under the influence of alcohol content of 0.147% during blood transfusion, driven a B rocketing car at approximately KRW 1 km away from the front of the Kado road located in the same Dong, in the vicinity of the University, Kimhae-si, Kimhae-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on detection (driving in violation of the Road Traffic Act), notification of the results of crackdown on driving of alcohol, report on the circumstances of the driver making a drinking, report on collection of blood from a drinking driver, inquiry of the results of crackdown on driving of alcohol, response to requests for appraisal, and written appraisal of alcohol during blood;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report on investigation (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 committed the instant crime even though he/she had the record of being sentenced to a fine due to a violation of road traffic laws, as stated in the facts constituting the crime in the judgment, and that the blood alcohol concentration level is very high at the time of driving of the instant case, etc., which are disadvantageous to the Defendant.

However, the sentence like the order shall be imposed in consideration of the fact that the defendant repents and reflects the mistake, that the defendant has no criminal record of a stay of execution or more, and that the defendant has the other criminal record of a stay of execution or more, the defendant's age, sex, motive, means and consequence of the crime, and the circumstances after the crime, etc.