A defendant shall be punished by imprisonment for not more than ten months.

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

Punishment of the crime

【The Defendant was issued a summary order of KRW 700,000 as a fine for a violation of Road Traffic Act at the Jeonju District Court’s Eup branch on October 12, 2007, and on September 7, 2015, the Seoul Central District Court issued a summary order of KRW 1,50,000 as a fine for the same crime.

【Defendant Inasmuch as the above-mentioned crime committed a violation of Road Traffic Act (driving of Drinking), was punished twice or more, and Defendant 1 driven CM7 vehicle under the influence of alcohol content of about 0.262% from the front road of about 3 km from the front road in the Jeju Jeju-si Jeju-si Do, or from the front road to the front road in the Sejong-si dong in the same city-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver in charge, on-site photographs, and the table of 112 reported case processing;

1. Application of an inquiry letter, such as criminal history, and 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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The consideration of favorable circumstances among the grounds for sentencing);

1. The reason for sentencing under Article 62(1) of the Suspension of Execution Act (the favorable circumstances of the reasons for sentencing) - The defendant has the history of having been punished several times for the same crime. - The alcohol content of the defendant’s blood relative exceeds the upper limit of the punishment for drinking. - The degree of risk of traffic accidents that may have occurred while driving on the road due to drinking. The favorable circumstances - the defendant recognized all the criminal facts. - The defendant has no record of having been sentenced to a fine exceeding the same kind of crime. The sentence is ordered in consideration of all the conditions of sentencing revealed in the trial process.