A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

[criminal history] On February 19, 2010, the Defendant was issued a summary order of KRW 1 million for a crime of violating road traffic law in the support of the Southern District Court of the Jeonju on February 19, 2010, and on January 27, 2012, the same court issued a summary order of KRW 1 million for a crime of violating road traffic law (driving under drinking).

[Criminal facts] On February 13, 2016, the Defendant driven a BKank Corpon vehicle at the section of approximately 1 km from the front of the Manpo-gun cafeteria, which is located in the southwest-gun of North Korea, to the front of the Korean elementary school in the same Ri, while under the influence of alcohol content of around 0.075% during the blood transfusion at around 20:27.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Previous conviction: Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (report accompanied by a copy of a summary order);

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reasons for sentencing of Article 62-2 of the Criminal Act regarding community service and order to attend lectures are to select imprisonment in that the defendant, on the other hand, has been sentenced to a fine twice due to drinking driving, even though he was sentenced to a fine on the other hand.

However, the amount of alcohol concentration in blood is not so high, the fact that there is no previous conviction exceeding a fine, the circumstances favorable to the fact that there is no previous conviction, and other conditions for sentencing as shown in the argument of this case shall be determined by taking into account the overall sentencing conditions shown in the argument of this case.