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 became final and conclusive.

Punishment of the crime

On March 16, 2012, the Defendant was issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act at the Busan District Court on March 16, 2012. On January 7, 2014, the same court issued a summary order of KRW 4 million for the same crime. On April 26, 2016, the Defendant was issued a summary order of KRW 5 million for the same crime.

On November 12, 2016, the Defendant driven a car of approximately 500 meters in volume C bargaining from the front side of the Pyeong River in Busan Gangseo-gu to the front side of the Pyeong River located in Taedo-dong, Busan-dong, 199, while under the influence of alcohol content of 0.061% during blood in around 23:05 on November 12, 2016.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Investigation report (examination of alcoholic content in blood at the time of driving);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (referring to the same previous convictions);

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. Although there was a history of three times criminal punishment due to driving of drinking alcohol for the reason of sentencing under Article 62(1)(hereinafter referred to as the following favorable circumstances) of the Act on the Suspension of Execution, the crime of this case was committed at the same time. However, there is no record of criminal punishment exceeding the fine, there is no record of criminal punishment exceeding the fine, the degree of alcohol content in blood is less than 0.1%, and the defendant's age, sex behavior, environment, circumstances leading to the crime, and circumstances after the crime shall be comprehensively considered, and the sentence is determined as ordered.