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

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

Criminal facts

On September 15, 2014, the Defendant was issued a summary order of KRW 5 million by the Changwon District Court for a crime of violating the Road Traffic Act (drinking driving), and was sentenced to a suspended sentence for six months by imprisonment with labor for a crime of violating the Road Traffic Act at the Changwon District Court on January 9, 2015.

On August 31, 2017, at around 23:55, the Defendant driven a B cruise car at the section of about 1km from 1180 meters to the front side of “house if he/she is in the 3-30-lane to the erode,” as he/she was under the influence of alcohol by 0.157% in blood while under the influence of a driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving;

1. License register;

1. Previous conviction: Application of a reply to inquiry, such as criminal history, a copy of a summary order (32 pages of evidence records), and a copy of the judgment, one copy of a text of the judgment;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

1. Articles 40 and 50 of the Criminal Act for the ordinary concurrences and the choice of punishment;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act (wholly considering the favorable circumstances) of the suspended execution;

1. The reason for sentencing under Article 62-2(1) of the Criminal Act regarding the order to attend a lecture is that the defendant is able to repent and reflect his mistake in depth, and there are some circumstances that may be somewhat taken into account the motive and circumstances leading to the instant crime.

On the other hand, the fact that the defendant had been punished for driving alcohol even before is disadvantageous to the defendant.

In addition, in full view of the methods and results of the instant crime, various conditions of sentencing, such as the circumstances after the instant crime, the defendant's age, sexual conduct, intelligence and environment, and criminal records and arguments, were determined in the same sentence as the order.