A defendant shall be punished by imprisonment with prison labor for up to 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 history] The Defendant was issued a summary order of KRW 2 million on January 8, 2007 with the same crime as a crime of violating the Road Traffic Act (drinking) in the Changwon District Court’s Tong-gu branch on January 8, 2007, and a fine of KRW 2.5 million on April 20, 2010 with the same support.

[Criminal facts] On October 26, 2016, the Defendant driven a Bcoon vehicle under the influence of alcohol leveling 0.127% from the day before the Jeju Labor Branch, which was located in the same Ri, to the front road of the Seoul Labor Branch Office in the same Ri, around 21:45 on October 26, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on driving alcohol, statements made under the circumstances of drivers of drinking alcohol, and management of reports on detection of drinking alcohol;

1. Application of Acts and subordinate statutes to inquire about criminal history and report on investigation (verification of the records of punishment as a series of two times by driving under drinking);

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

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 reason for sentencing under Article 62-2 of the Criminal Act is that the defendant was sentenced to a fine due to drinking alcohol driving three times, and the defendant's age, occupation, sex, family relationship, circumstances leading to the crime of this case, etc., and the conditions of sentencing prescribed in Article 51 of the Criminal Act, such as the circumstances before and after the crime of this case, are considered to have taken into account the defendant's erroneous judgment. It is so decided as per Disposition for the reason that the defendant was sentenced to a fine due to drinking alcohol driving.