A defendant shall be punished by imprisonment for six 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

On June 19, 2007, the Defendant violated Article 44(1) of the Road Traffic Act by issuing a summary order of a fine of two million won or more due to a crime of violating the Road Traffic Act (dacting driving), and on December 28, 2007, the Incheon District Court issued a summary order of two million won or more due to a crime of violating the Road Traffic Act (dacting driving) at the Incheon District Court on December 28, 2007.

Criminal facts

On December 04, 2016, the Defendant driven Bsch-ton car at the section of about 1 km from the new Jeju public parking lot, which is linked to Jeju-si, in the state of alcohol 0.104% during blood transfusion, to the front day of the Seoul Nowon-dong.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the circumstances of driving under drinking, inquiry into the results of crackdown on driving under drinking, and a statement on the circumstances of the driver under driving under drinking;

1. Previous conviction: Inquiry about criminal history, investigation report (Attachment of a summary order), and application of a copy of a summary order under Acts and subordinate statutes;

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 choice 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;

1. Order of community service: It shall be decided as ordered for the reasons under Article 62-2(1) of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, etc.;

The circumstances that are disadvantageous to sentencing: 5 times before the same criminal record and 5 times (the fine of KRW 1 million is imposed on the Suwon District Court in violation of the Road Traffic Act on April 24, 1998, ② the fine of KRW 2.5 million is imposed on the Incheon District Court in violation of the Road Traffic Act on February 11, 200, ③ the fine of KRW 4 million is imposed on the Jung-gu District Court in violation of the Road Traffic Act on June 19, 2007, ④ the fine of KRW 2 million is imposed on the Incheon District Court in violation of the Road Traffic Act on December 28, 2007, ⑤ the fine of KRW 2 million is imposed on the Incheon District Court in violation of the Road Traffic Act on March 18, 2008, and the fine of KRW 2 million is imposed on the Busan District Court in violation of the Road Traffic Act on March 18, 2008)