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

On December 10, 2009, the Defendant is a person who violated Article 44(1) of the Road Traffic Act by receiving a summary order of KRW 2 million from the Jeju District Court to a fine for a violation of the Road Traffic Act, and on May 30, 201, a fine of KRW 3 million from the same court to a fine for a violation of the Road Traffic Act.

On September 29, 2015, the Defendant, while under the influence of alcohol of 00:13% of blood alcohol concentration, driven a vehicle of cGV in the section of approximately 200 meters from the Do near the “CGV” theater, a pay parking lot adjacent to the Do in Jeju-si to the road located in the same Dong located in the same region as the Gu, the Defendant driven a vehicle of cGV in the section of approximately 200 meters.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the state of a drinking driver, report on the control of drinking driving, and inquiry into the results of the control of drinking driving;

1. Related photographs;

1. Previous convictions indicated in judgment: Criminal history records, probationary records, amounts of previous dispositions, reporting on results of confirmation, and applying Acts and subordinate statutes to investigation reports (attached to copies of summary orders);

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Mitigation of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act ( Taking into account the favorable circumstances among the reasons for sentencing below);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);

1. In light of the fact that the defendant with the reason for sentencing under Article 62-2 of the Criminal Act has a history of having been punished several times for the same crime, but also leads to the driving of drinking in this case, the defendant needs to be sentenced to a sentence heavier than a fine, so the defendant is selected to be sentenced to imprisonment.

However, since 2011, the execution of a sentence is suspended on the condition that an order to attend a course was issued, taking into account the fact that the defendant had no record of punishment until now, the fact of the crime is recognized and the fact that the defendant reflects the wrongness, and the age, character, environment, circumstances of the crime, etc.