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

On January 4, 2013, the Defendant was issued a summary order of KRW 5 million with a fine of KRW 5 million on the violation of the Road Traffic Act (drinking driving) at the Suwon District Court’s Pyeongtaek District Court on January 4, 201, and on May 4, 2007, the Defendant was issued a summary order of KRW 4 million with the same offense at the same court on May 4, 207, and on three occasions.

On July 7, 2016, the Defendant driven a motor vehicle with B, from around 1.5 km to the front road of a domin apartment located in the summer-dong with alcohol concentration of 0.103% among the blood transfusion around 23:05 to under the influence of alcohol at around 0.103%.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (verification of the same kind of force);

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 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 on the stay of execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The reasons for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on the Protection, Observation, etc. of Order to Provide community service and attend lecture are as follows: (a) the Defendant committed the instant crime even though having been subject to punishment several times in the past, and again committed the instant crime; (b) the Defendant committed the instant crime; (c) the favorable circumstances, such as the Defendant’s awareness of and reflects his criminal act; and (d) the Defendant’s age, family environment, and alcohol concentration during the instant blood transfusion, etc.; and (c) other favorable conditions for sentencing indicated in the instant argument, such as