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

The defendant, at the Changwon District Court on March 31, 2008, issued a summary order of KRW 1.5 million for a crime of violation of the Road Traffic Act, and the same court on November 17, 2008, issued a summary order of KRW 5 million for a crime of violation of the Road Traffic Act, respectively.

피고인은 2014. 03. 20. 00:40경 창원시 마산회원구 중리 삼계에 있는 상호불상의 식당에서부터 같은 구 월영동에 있는 밤밭고개 앞길에 이르기까지 6킬로미터 구간에서 혈중알콜농도 0.140%의 술에 취한 상태로 B SM7 승용차량를 운전하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of crackdown on drinking driving and on the circumstantial statement of a drinking driver;

1. Previous records of judgment: Application of inquiries, such as criminal records, and investigation reports (a copy of a summary order issued on the same attached power);

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

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

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

1. The reasons for sentencing under Article 62-2 of the Criminal Act include: (a) the Defendant was already punished several times due to drunk driving; (b) the Defendant is selected to engage in the instant crime in consideration of the fact that he/she committed the instant crime; (c) the Defendant is able to repent his/her mistake in depth; (d) he/she has no criminal history to punish the Defendant exceeding the fine; and (e) the Defendant has no other criminal history to punish the Defendant; and (e) the Defendant’s age, character and behavior, the motive and background of the instant crime; and (e) the circumstances after the instant