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 January 2, 2008, the Defendant issued a summary order of 700,000 won to a fine for a crime of violating the Road Traffic Act at the Busan District Court on May 28, 2008, a summary order of 1 million won for the same crime at the same court on May 28, 2008, and a summary order of 2.5 million won for the same crime at the Changwon District Court on April 5, 2010.

On October 2, 2015, at around 00:15, the Defendant driven a BEX car in a state of alcohol alcohol content of about 0.105% from the 10-meter section to the cU convenience store front of the diesel market in the same Dong from the cU convenience store to the roads front of the diesel market in the same Dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on detection of suspects violating traffic laws on roads, notification of the results of crackdown on drinking driving, statement of the circumstances of drivers of drinking, and inquiry into the results of crackdown on drinking driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes concerning investigation reporting (Attachment to summary orders);

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 the suspended sentence under Article 62(1) 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 as a crime of violating the Road Traffic Act, as stated in the facts constituting the crime. The fact that the amount of alcohol concentration in blood during driving of the instant case is relatively high, etc. is the reason for the unfavorable sentencing against the Defendant.

However, the sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, sex, motive, means and consequence of the crime, etc., are considered in consideration of the fact that the defendant's mistake is divided and reflected, the fact that the defendant was crackdownd while moving the place to easily find the substitute driver, the fact that the defendant has no criminal records of suspension of execution or more, the defendant has no criminal records of suspension of execution or more, and the defendant's age