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.

Criminal facts

As a crime of violation of the Road Traffic Act ( sound driving), the Defendant has a penal power to impose a fine of KRW 2.5 million in the Suwon District Court's Ansan Branch on March 28, 201, and a fine of KRW 1.5 million in the Seoul Southern District Court on December 31, 2012.

On July 1, 2014, at around 05:51, the Defendant driven a car in column B with the alcohol concentration of 0.155% from Guro-gu Seoul Metropolitanro to the front road of the 59 luminous elementary school in front of the Magsan-ro 59 Magsan-ro, Guro-gu, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. Drinking control site, vehicle photographs of a person under consideration, and electronic documents;

1. Report on the results of crackdown on drinking, driving, control of drinking, report on the state of his/her oral statement, and notification of the results of crackdown on drinking, etc.;

1. Application of Acts and subordinate statutes to a report on criminal records, etc., investigation reports, dispositions not prior to the disposition, and results of confirmation;

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. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (hereinafter referred to as the following grounds for sentencing);

1. Article 62 (1) of the Criminal Act (Concurrent Consideration for sentencing)

1. The crime of this case for sentencing reasons under Article 62-2(1) of the Criminal Act and Article 59 of the Probation, etc. Act is a case where a defendant drives a vehicle in drinking condition, and the defendant is not aware of the fact that he had been subject to punishment twice prior to drinking driving, and at the same time, commits the crime of this case without being aware of the fact that the defendant committed the crime of this case, the defendant is aware of the crime of this case and reflects his mistake in depth, and the defendant has no penalty power exceeding fine, and all of the favorable circumstances such as the defendant has no penalty power beyond fine, and the sentencing conditions as set forth in the