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 March 21, 2011, the Defendant was issued a summary order of KRW 2.5 million with a fine for a violation of the Road Traffic Act by the Changwon District Court, and on April 4, 2014, the Defendant was issued a summary order of KRW 7 million with a fine for a violation of the Road Traffic Act at the Changwon District Court.

On June 25, 2015, around 00:50, the Defendant driven a CF car under the influence of alcohol concentration of 0.128% at the ground parking lot in front of 107 apartment B apartment at Changwon-si, Changwon-si.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the control of drinking driving, a certificate of drinking driving, inquiry into the results of the control of drinking driving, and a report on the state of drinking drivers;

1. Previous convictions indicated in judgment: Application of criminal records, reply reports (A) and Acts and subordinate statutes to investigation reports (a copy of summary order);

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 or 55 (1) 3 of the Criminal Act (The following extenuating circumstances shall be considered for the reasons for sentencing):

1. The reason for the suspended sentence under Article 62(1) of the Criminal Act is that the Defendant again commits the instant crime even though he had the record of being sentenced to a fine as a crime of violating the Road Traffic Act, such as the criminal facts stated in the judgment, and the fact that the blood alcohol concentration is very high at the time of driving of the instant case, etc. is the reason for the unfavorable sentencing against the Defendant.

However, the sentence like the order shall be imposed in consideration of the fact that the defendant repents and reflects the mistake, the fact that the substitute driver's error in the apartment parking lot in the defendant's residence led to the crime of this case, the fact that the defendant does not have any criminal record more than the suspension of execution, the defendant's age, character and behavior, motive, means and result of the crime, and the circumstances after the crime, etc. under Article 51 of the Criminal Act.