A defendant shall be punished by imprisonment for not less than eight 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 May 14, 2009, the Defendant issued a summary order of KRW 1 million to the Jeju District Court for a violation of the Road Traffic Act (driving). On May 20, 2010, the same court issued a summary order of KRW 2 million to a fine for a violation of the Road Traffic Act (driving), and on January 21, 2014, the same court issued a summary order of KRW 5 million to a fine for a violation of the Road Traffic Act (driving).

[Criminal facts] On May 1, 2016, the Defendant driven B knife vehicle under the influence of alcohol level of about 0.224% from a section of approximately 1km to the front road of the same City/Do, starting from the cafeteria in front of the restaurant in the Pacific Ocean, which is in the movement of the Do, at the Jeju Island, to the front road of the same City/Do.

As a result, the Defendant, who violated the prohibition on drinking at least twice, driven a motor vehicle while under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Inquiries about the results of crackdown on driving alcohol;

1. A written appraisal of alcohol during blood;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and investigation report (Attachment to a copy of summary order);

1. Relevant legal provisions and the choice of punishment for a crime: Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of imprisonment;

1. Reduction: Articles 53 and 55 (1) 3 of the Criminal Act;

1. Suspension of execution: Article 62 (1) of the Criminal Act (The following sentencing conditions specified in Article 51 of the Criminal Act shall be considered);

1. Orders to observe protection and attend lectures: The punishment shall be determined as per the order, taking into account all of the following circumstances of the reasons for sentencing under Article 62-2(1) of the Criminal Act and Article 59 of the Act on the Protection, Observation, etc.:

The favorable circumstances: The fact that all facts of the crime are recognized and considered favorable: The fact that there are three times the past records of punishment of fines for the same kind of crime, but at the same time the crime in this case was committed, and that the amount of alcohol concentration in blood is very high: the motive and background of the crime, circumstances after the crime was committed.