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.

Punishment of the crime

[criminal power] On December 24, 2009, the Defendant was issued a summary order of KRW 2 million by the Jeju District Court for the crime of violation of the Road Traffic Act, and KRW 3 million by the same court on September 20, 2010, respectively.

【Criminal Facts】

On July 2, 2016, at around 23:17, the Defendant driven the B Damp Track Cargo in the section of about 10km from the road located in the Cheong-si, Han-si, Han-si, Han-si, Jeju-do, to the road near the name month located in 5214-4, while under the influence of alcohol with a blood alcohol content of 0.07%.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on circumstantial statements of a driver of the driving school;

1. Report on the state of driving under the influence of alcohol, and inquiry into the results of the control of drinking driving;

1. Previous records of judgment: Application of criminal records, inquiry reports and investigation reports (a copy of summary order) 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. 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. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the Defendant was sentenced to a fine twice due to the crime of drunk driving in the past, and that the Defendant committed the instant crime even though he was punished by a fine of KRW 3 million due to the crime of drunk driving and driving without a license on September 20, 2010. In light of the fact that the Defendant committed the instant crime, it is necessary to strictly punish the Defendant.

However, considering the fact that the defendant led to the crime of this case, the fact that the blood alcohol concentration of the defendant was not high at the time of the crime of this case, the defendant has no record of criminal punishment exceeding the past fine, the sentencing example in similar cases, the age, character and conduct, environment, circumstances after the crime, and other various sentencing conditions as shown in the records and arguments of this case.