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 May 2, 2011, the Defendant received a summary order of KRW 1 million as a fine for a crime of violating the Road Traffic Act at the Changwon District Court on May 2, 201, and a summary order of KRW 1.5 million as a fine in the same court on July 24, 2013, respectively.

On December 14, 2015, the Defendant driven a DNA car with a alcohol content of about 2km from approximately 0.092% during blood while under the influence of alcohol at around 0.092% from the 2km section in front of the Pyeong Sea State, which is located in the dong-dong of Changwon-si, Seoul, to the road front of the gas station in the same Dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of alcohol, a statement made under the circumstances of the driver driving of alcohol, a written measurement of the driver driving of alcohol and a report on the circumstances of the driving;

1. Previous convictions in judgment: Application of a written reply to inquiry, such as criminal history (A);

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. On May 20, 2014, the Defendant for the reason of sentencing under Article 62-2 of the Criminal Act of the community service order and the order to attend a lecture was sentenced to a suspended sentence of two months for violating the Industrial Safety and Health Act by the Changwon District Court on May 20, 2014, and the judgment became final and conclusive on May 28, 2014, and was under the suspended sentence period, the Defendant committed the instant crime without any person, and the Defendant was sentenced to a fine for violating the Road Traffic Act as stated in the judgment, as in the facts constituting the crime, is a reason unfavorable to the Defendant

However, there are favorable reasons for sentencing, such as the fact that the defendant repents his mistake in depth and reflects it, that the amount of alcohol concentration in blood at the time of driving the drinking of this case remains at the level of license suspension, that the defendant has no record of punishment heavier than that of suspended execution due to the same crime, and that he is age and age of the defendant.