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 became final and conclusive.

Punishment of the crime

On November 29, 2007, the Defendant issued a summary order of KRW 1 million for a violation of the Road Traffic Act (driving) at the Incheon District Court's Busan District Court's Branch, and on October 19, 2009, the Defendant issued a summary order of KRW 1 million for a violation of the Road Traffic Act (driving) at the Incheon District Court's Branch, and on November 4, 2009, the Defendant was sentenced to a suspended sentence of 4 years for a violation of the Road Traffic Act (driving) from the Red Branch of the Daejeon District Court's Hong Branch on November 4, 2009.

On November 18, 2014, at around 20:25, the Defendant driven C Lasta car at approximately 1 km from the front day of the Green Driving range located in Hongsung-gun, Hongsung-gun to the front day of the red post office located in the same Ri, while under the influence of alcohol content of 0.096% of the blood alcohol content.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. The circumstantial statement of the employee;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (Attachment of the same type of power) and Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Although the suspended sentence has been imposed not less than twice due to the same kind of crime for sentencing under Article 62(1) of the Criminal Act (hereinafter referred to as "the grounds for sentencing"), it is against the defendant's disadvantage; however, the defendant is not subject to punishment during the last five years; the defendant has no record of punishment; the defendant has not caused accidents while driving under the influence of alcohol; and the mother who is suffering from dementia is able to report dementia; and the defendant's age, character and behavior, environment, circumstances after the crime and circumstances after the crime are considered as favorable to the defendant; and the defendant's conditions of all the sentencing specified in the records and arguments of the instant case, including the defendant's age, character and behavior, circumstances after the crime, etc. shall be considered as a whole.