A defendant shall be punished by imprisonment for seven 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

On September 14, 2009, the Defendant was issued a summary order of a fine of three million won for a violation of the Road Traffic Act (driving) at the Changwon District Court on September 14, 2009, and on September 15, 2014, the Defendant was issued a summary order of seven million won for a violation of the Road Traffic Act (driving).

On July 30, 2016, at around 11:34, the Defendant driven a B K7 vehicle while under the influence of alcohol of about 3 km from the 3km section from the front day of the vice-dong of the Kimhae-si to the Numomomo road located in the Kimhae-si, Kimhae-si, the Defendant driven a B K7 vehicle with a blood alcohol content of 0.102%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on actions taken against an employer, and report on the status of an employer-employed driver;

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

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

1. Selection of imprisonment with prison labor chosen;

1. Article 53 or 55 (1) 3 of the Criminal Act (The following extenuating circumstances shall be considered for the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the Defendant again committed the instant crime despite the record of having been sentenced to a fine due to the crime of violating the Road Traffic Act as stated in the facts constituting the crime, and that the Defendant caused a traffic accident due to the driving of drinking alcohol in this case is the reason for sentencing disadvantageous to the Defendant.

However, in the future, the defendant must not drive alcohol again, the defendant does not drive alcohol immediately after drinking, and the defendant does not drive alcohol immediately after drinking, and the reason for sentencing favorable to the defendant, such as the fact that the defendant has no record of punishment heavier than suspended execution, and other favorable reasons for sentencing under Article 51 of the Criminal Act, such as the defendant's age, character and conduct, motive, means and consequence of the crime, etc., shall be considered.