A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal record] On May 21, 2007, the Defendant was sentenced to a fine of KRW 4 million for a violation of the Road Traffic Act (driving) at the Jung-gu District Court on May 21, 2007. On June 24, 2014, the Defendant was sentenced to a fine of KRW 6 million for the same crime, etc. at the Seoul Northern District Court.

[Criminal Facts of crime] On August 4, 2016, around 00:35, the Defendant driven B-learning car with a blood alcohol concentration of 0.205% from the 2km section from the front of a restaurant located in the city of Jung-gu to the front of the Southern-si Sewage Treatment Center located in Yangju-si.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Previous records: Criminal records and other inquiries, and the application of Acts and subordinate statutes to investigation reports (Attachment to judgment of a same kind driving under the influence of alcohol);

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Mitigation of discretionary mitigation under Articles 53 and 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 suspension of execution ( repeatedly considering the grounds for discretionary mitigation);

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The punishment is imposed twice due to drunk driving; the defendant's recognition of the crime of this case is relatively favorable; the defendant has no record of punishment exceeding the fine; the defendant's disposal of the vehicle of this case in his familiar sense; the defendant's age, character and behavior, environment, means and result of the crime; and the various sentencing conditions specified in the arguments of this case, such as the circumstances after the crime, shall be determined as ordered by taking into account the following factors: