A defendant shall be punished by imprisonment for six months.

except that 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 11, 2007, the Defendant issued a summary order of KRW 2 million by a fine for a violation of the Road Traffic Act at the Busan District Court and KRW 5 million by the same court on March 21, 2011.

On April 21, 2015, at around 00:03, the Defendant: (a) moved from the front of a restaurant in which it is impossible to know the trade name in the Seongdong-gu, Changwon-si; (b) from around 300 meters to the front of the site apartment in the same Dong, the Defendant driven a car under the influence of alcohol with a blood alcohol concentration of 0.065%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of driving under the influence of alcohol, inquiry into the results of crackdown on drinking driving, and notification of the completion of correction;

1. Previous convictions indicated in judgment: Application of criminal records, reply reports, investigation reports, and Acts and subordinate statutes;

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. The reason for the suspended sentence under Article 62(1) of the Criminal Act is that the Defendant committed the instant crime by repeating the same criminal records two times even though he/she was sentenced to a fine for violating the Road Traffic Act, as stated in the facts constituting the crime in the judgment, and that the Defendant has been sentenced to a fine on one occasion for violating the Road Traffic Act, and that the Defendant has a record of being sentenced to a fine on one occasion for violating the Road Traffic Act.

However, the defendant repents and reflects his mistake, the blood alcohol concentration at the time of driving under the influence of alcohol in this case is not high and the driving distance is not clear, and the defendant has no record of being punished for the same kind of crime after 2011, and the sentencing conditions under Article 51 of the Criminal Act, such as the defendant's age, character and behavior, motive, means and consequence of the crime, etc., shall be comprehensively taken into account.