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

On January 17, 2011, the Defendant was issued a summary order of one million won or more for a violation of the Road Traffic Act at the Ulsan District Court, and on August 27, 2013, the Defendant was issued a summary order of two million won or more for a violation of the Road Traffic Act at the Changwon District Court.

On May 6, 2015, the Defendant driven B rocketing car under the influence of alcohol concentration of 0.147% on the road section 200 meters prior to the Korea Electric Power Corporation, which is located in the Jinhae-gu, Changwon-si, Changwon-si. In addition, the Defendant driven B rocketing car under the influence of alcohol concentration of 0.147%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, and the statement of the situation of drinking drivers;

1. A report and photograph of the investigation;

1. Previous convictions indicated in judgment: Application of criminal records, reply reports (A) and Acts and subordinate statutes to investigation reports (a copy of summary order);

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Article 53 or 55 (1) 3 of the Criminal Act (The following extenuating circumstances shall be considered for the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. In light of the fact that the Defendant committed the instant crime even though he had been sentenced to a fine twice for the same crime as indicated in the facts constituting the crime in the judgment of the court below, and the blood alcohol concentration at the time of driving under the influence of alcohol in this case is very high, the Defendant should be punished strictly.

However, the sentencing conditions under Article 51 of the Criminal Act, such as the defendant's age, motive, means and consequence, shall be determined in consideration of the fact that the defendant's mistake is divided and reflected, that the defendant has no record of criminal punishment heavier than that of the suspension of execution, and that the defendant has no record of criminal punishment.