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 December 28, 2009, the Defendant is a person who violated Article 44(1) of the Road Traffic Act by receiving a fine of 1.5 million won for a violation of the Road Traffic Act at the Changwon District Court on December 28, 2009, and a summary order of 5 million won or more under the same crime in the same court on April 15, 2013.

On September 18, 2016, at around 00:05, the Defendant driven a car with approximately KRW 20 km B from the front day of the mutual influence of the trade name in the Busan Metropolitan City, to the front day of the Gimhae Sea, which is located in the Gimhae-si, Kim Jong-si, while under the influence of alcohol by 0.105% of the blood alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the state of drinking drivers, and inquiry into the results of the control of drinking driving;

1. Previous convictions indicated in the judgment: Criminal history records, inquiry reports (A), previous records of disposition, results of confirmation, and application of Acts and subordinate statutes to investigation reports (prior records of the same kind);

1. Relevant Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime;

1. Selection of imprisonment with prison labor chosen;

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. The defendant of the reason for sentencing under Article 62-2 of the Criminal Act is the reason for sentencing unfavorable to the defendant, even though he had been sentenced to a fine due to a violation of the Road Traffic Act, such as the crime of violation of the Road Traffic Act, and the fact that the blood alcohol concentration at the time of driving under the influence of alcohol in this case reaches the level of revocation of license.

However, the sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, character and conduct, motive, means and consequence of the crime, etc., that the defendant does not drive again again in the future, that the defendant has no record of being sentenced to a suspended sentence or heavier, and that the defendant has been sentenced to the same punishment as the order, considering the sentencing conditions stipulated in Article 51 of the Criminal Act