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

[criminal history] On November 24, 2009, the Defendant received a summary order of KRW 1 million as a crime of violating the Road Traffic Act (drinking driving) from the Busan District Court's Branch on November 24, 2009, and a summary order of KRW 2 million as a crime of violating the Road Traffic Act (drinking driving) at the Seoul Western District Court on April 26, 2010.

[2] On January 6, 2017, the Defendant: (a) driven a B rocketing car under the influence of alcohol content of about 0.110% in the direction of approximately 200 meters from the Do in front of the 3:48 East-si, Busan; and (b) from the Do in front of the Sucheon-si to the front of the 265-way road at the same time, the Defendant driven a B rocketing car under the influence of alcohol level of about 0.110%.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Notification of the results of regulating drinking driving;

1. Report on the circumstances of driving under the liquor:

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

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 ( Taking into account circumstances favorable to the defendant);

1. The grounds for sentencing under Article 62(1) of the Criminal Act (Consideration favorable to the defendant) of the suspended sentence are as follows: (a) even though the defendant had been sentenced two times to a fine due to drinking driving, he once again drives the instant drinking; (b) disadvantageous sentencing factors such as the defendant's blood alcohol concentration at the time of driving the instant drinking; and (c) the defendant reflects his mistake; and (d) favorable sentencing factors such as the fact that the defendant has no history of having been sentenced to a suspended sentence or heavier punishment, shall be determined by comprehensively taking account of