A defendant shall be punished by imprisonment with prison labor for up to 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

[criminal power] On November 15, 2007, the defendant was issued a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act (driving) at the Changwon District Court’s branch on November 15, 2007, and KRW 4 million as a fine for a violation of the Road Traffic Act (driving) at the Changwon District Court’s branch on October 1, 2008.

【Criminal Facts】

On July 29, 2016, at around 02:30, the Defendant driven a blood alcohol level of about 1.5 km from the water cooperative near the water cooperative that is located in the ancient city, to the front road of the gold gas station located in the upper dong in the city, from around 1.5 km to the water station in the city.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, the report on the state of drinking drivers' standing statement, and the report on the state of drinking driving;

1. Application of statutes concerning criminal records and a copy of each summary order;

1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Even though the previous conviction of a fine due to the driving of drinking alcohol for the reason of sentencing under Article 62-2 of the Criminal Act was two times, the Defendant, instead of preventing the instant crime, should not violate his/her mistake and repeat the crime. In addition, the Defendant’s age, occupation, character and conduct, family relationship, circumstances leading to the instant crime, etc., and circumstances before and after the instant crime, etc., considered the sentencing conditions stipulated in Article 51 of the Criminal Act, and determined as above.