A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

[Power of crime] The defendant was issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act at the Seo-gu District Court Branch on August 12, 2009, and a summary order of KRW 700,000 for the same crime at the Daegu District Court on September 27, 2006.

[2] On December 22, 2016, Defendant 1, who had a drinking alcohol driving force twice or more as above, driven BM5 car under the influence of alcohol content 0.05% in alcohol while under the influence of alcohol content 0.05% from the front of a mutually influent restaurant near the town located in the Daegu Northern-gu, Daegubuk-gu, Incheon Metropolitan City (Uam-dong) to the fluent road located in the same Docheon-ro (Uam-dong).

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Previous convictions in judgment: Application of an inquiry letter, investigation report, and summary order-making statute, such as criminal history;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) (Selection of Imprisonment) of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The grounds for sentencing under Article 62-2 of the Criminal Act include the number of times and time when the defendant was punished for the same kind of crime, the number of alcohol concentration in blood at the time of driving the drinking of this case, the defendant's age, sexual conduct, intelligence and environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., the punishment as ordered shall be determined in consideration of the various reasons for sentencing as shown in the argument of this case, such as the defendant's age