A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Punishment of the crime

【Criminal Power】 On August 18, 2004, the Defendant issued a summary order of KRW 1 million to the Jeonju District Court for a violation of the Road Traffic Act (driving). On August 7, 2007, the same court issued a summary order of KRW 1.5 million for a violation of the Road Traffic Act (driving). On February 26, 2008, the same court issued a summary order of KRW 3 million for a violation of the Road Traffic Act (driving).

【Criminal Facts of Crimes】 On September 11, 2016, at around 01:15, the Defendant driven a vehicle with blood alcohol concentration of about 0.094% under the influence of alcohol level from approximately 3km to the roads in front of the Western Dong Community Service Center located in 24 U.S., Seogdong-gu, Seoul Special Metropolitan City.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the control of drinking driving, report on the circumstances of drinking drivers, appearance, uniforms, language, and attitude of drinking drivers;

1. Previous records of judgment: Application of inquiry reports including criminal records, and investigation reports (Attachment to summary orders of the same kind of suspect)-related Acts and subordinate statutes;

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 ( normal consideration in favor of the accused among the reasons for sentencing below);

1. Article 62 (1) of the Criminal Act on the suspension of execution ( repeatedly considering the grounds for discretionary mitigation);

1. Reasons for sentencing under Article 62-2 of the Criminal Act - The circumstances unfavorable to the defendant: The circumstances that are identical to and three times before the previous convictions that are unfavorable to the defendant; the circumstances favorable to the defendant have no previous convictions or more; the serious reflectivity; the comprehensive conditions for sentencing under Article 51 of the Criminal Act