A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Criminal facts

On February 1, 2010, the Defendant issued a summary order of KRW 2 million at the Seoul Southern District Court as a crime of violation of the Road Traffic Act, and KRW 2.5 million at the Incheon Southern District Court Branch on September 5, 201, and KRW 2.5 million on September 5, 201.

피고인은 2014. 5. 22. 20:30경 광명시 오리로 467-21번길 산촌쭈꾸미 주차장에서 혈중알콜농도 0.133%의 술에 취한 상태로 약 1.5m 구간에서 B 렉스턴 승용차를 운전하였다.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial report of a drinking driver, the notification of the results of the drinking driving control, and the measurement value of alcohol concentration in blood;

1. Application of Acts and subordinate statutes to resident inquiry and criminal records, investigation reports (verification of the same attached record and attachment of summary order);

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (hereinafter referred to as the following grounds for sentencing);

1. Article 62 (1) of the Criminal Act (Concurrent Consideration for sentencing)

1. The crime of this case for sentencing reasons under Article 62-2(1) of the Criminal Act and Article 59 of the Probation, etc. Act is a case where a defendant drives a vehicle in drinking condition, and the defendant is not aware of the fact that he had been subject to punishment twice prior to drinking driving, and at the same time, commits the crime of this case without being aware of the fact that the defendant committed the crime of this case, the defendant is aware of the crime of this case and reflects his mistake in depth, and the defendant has no penalty power exceeding fine, and all of the favorable circumstances such as the defendant has no penalty power beyond fine, and the sentencing conditions as set forth in the