A defendant shall be punished by imprisonment for not more than ten 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 power] On June 26, 2007, the Defendant received a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act (driving). On June 22, 2011, this court issued a summary order of KRW 2.5 million as a fine for the same crime in this court, and on May 4, 2015, this court issued a summary order of KRW 5 million as a fine for the same crime.

【Criminal Facts】

On February 28, 2015, at around 01:50, the Defendant driven Cmpt Motor Vehicle over about 500 meters from the front of the restaurant in which the trade name in the Cmart-dong in the Cmart-dong in the Cmart-dong in the Cmart-dong cannot be known, while under the influence of alcohol of 0.205% of blood alcohol content.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, and the statement of the situation of drinking drivers;

1. Previous convictions indicated in the judgment: Criminal records, inquiry reports on criminal records, report on the results of confirmation of the previous dispositions, two copies of the summary order, and application of Acts and subordinate statutes attached to the indictment;

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. Mitigation of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

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

1. The Defendant committed the instant crime under the influence of alcohol concentration of 0.205% from the date of the last drunk driving, as stated in the first head of the judgment in sentencing Article 62-2 of the Act on Probation and Social Service. In particular, the Defendant committed the instant crime under the influence of alcohol to a level of 0.205% from the date of the last drunk driving.

Despite the punishment of several times, the defendant is subject to strict punishment because the salted fish is repeated.

However, the fact that the defendant does not repeat the crime because of the defendant's wrongness, the fact that there is no criminal record exceeding the fine, and the various sentencing conditions, such as the age, character and behavior, occupation, family relationship, health condition, etc. of the defendant, shall be considered equally.