A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On May 25, 2007, the Defendant issued a summary order of KRW 700,000,000 as a fine for a violation of the Road Traffic Act at the Southern District Court's Southern Branch, and on March 25, 201, the same court issued a summary order of KRW 3 million as a fine for the same crime.

On June 10, 2015, at around 22:40, the Defendant driven a B-learning car under the influence of alcohol content of about 0.156% from the 1km section to the road near the same Eup/Myeon village from the Do near the Southern Chang-gun, Chungcheongnam-do.

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 and investigation reports (attached to the same type of criminal records and summary orders);

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. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation ( Taking into account the favorable conditions of sentencing among the following reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following factors are repeatedly taken into account for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc., even though the defendant had already been punished for driving under drinking twice, again commits a second offense. The fact that the defendant's blood alcohol concentration at the time of driving under drinking in this case is high is disadvantageous to the defendant.

However, all of the crimes of this case are recognized and against the defendant, there is no previous conviction other than fine, considering the fact that the distance of drinking driving of this case is relatively short, the circumstances favorable to the defendant are considered, and the punishment shall be determined like the order, taking into account all of the factors of sentencing specified in the arguments of this case.

It is so decided as per Disposition for the above reasons.