A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence 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 October 25, 2010, the Defendant was issued a summary order at the Seoul Western District Court to impose a fine of two million won for a crime of violating the Road Traffic Act (dacting driving), and on November 23, 2012, the Seoul Eastern District Court issued a summary order to impose a fine of four million won for a crime of violating the Road Traffic Act (dacting driving).

[2] On May 5, 2016, the Defendant was under the influence of alcohol level of 0.122% during blood transfusion around 00:20 on May 5, 2016, and operated B-Wenz car within approximately 50 meters from the roads near Samsungdong, Gangnam-gu, Seoul to the roads 248-2, Gangnam-gu, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. Report on the circumstances of the driver involved in driving, the numerical value of alcohol measurement, and report on the detection of the driver involved in driving;

1. Previous conviction: Application of Acts and subordinate statutes of inquiry about criminal history;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) (Selection of Imprisonment) 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. The reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence are as follows: (a) the Defendant had two alcohol driving skills as stated in its reasoning; and (b) thereafter, even though he had been punished for driving without a license, he/she once once drives in the state of drinking alcohol concentration exceeding 0.1%.

In addition to the above points, the sentencing conditions, such as the defendant's age, sex, environment, and circumstances after the crime, shall be considered, and the sentence shall be determined as per the order.