A defendant shall be punished by imprisonment for six 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.

Punishment of the crime

[criminal history] On July 31, 2009, the Defendant was issued a summary order of a fine of KRW 2 million at the Seoul Eastern District Court as a crime of violation of road traffic law (dacting driving) and a fine of KRW 2 million at the Seoul Central District Court on April 30, 2013.

[Specific criminal facts] On November 1, 2016, the Defendant driven a 3 km B rocketing car at the front of the entrance of the 10-km-dong located in the Jinwon-si, Sinwon-si, Sinwon-si, under the influence of alcohol leveling to 0.072% of the alcohol level among blood transfusion around 23:55.

Accordingly, the defendant, who was punished for driving under drinking not less than twice, once again driven under drinking.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of driving at home;

1. Notification of the result of drinking control;

1. Records of judgment: Application of Acts and subordinate statutes of inquiry about criminal history;

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 (i.e., reflectability and the fact that there is no previous conviction in excess of a fine, etc.) of the mitigated amount;

1. Article 62 (1) of the Criminal Act on the suspension of execution (resumed grounds for reduction of amount);

1. An order to attend a course under Article 62-2 of the Criminal Act;