A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On November 5, 2015, the Defendant issued a summary order of KRW 4 million for a crime of violating the Road Traffic Act at the Incheon District Court, and a summary order of KRW 1.5 million for the same crime at the same court on March 21, 2011.

On July 27, 2017, the Defendant driven BMW car under the influence of alcohol concentration of 0.133% in blood around 02:02:17 on July 27, 2017, and proceeded with approximately 100 meters from the front side of the Aju University located in Suwon-si 206 to the road 386 front side of the Suwon-si University located in Suwon-si 206.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Inquiries about the results of crackdown on drinking driving;

1. Previous convictions: References to inquiries, reports on investigation, and copies of summary order attached thereto;

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 (the fact that his/her mistake is repented, etc.) of the mitigated amount;

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

1. The reasons for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of the Order to Attend the School and Article 62-2(1) of the Road Traffic Act are as follows: (a) the Defendant, in spite of the past criminal records of two times of crime and several times of violation of the Road Traffic Act, was driving a motor vehicle under the influence of alcohol; (b) the nature of the crime in the instant case is inferior; (c) the driving distance was relatively short; (d) his mistake was divided at the latest; and (e) he did not repeat the crime by making efforts to sell the motor vehicle in possession; and (e) the Defendant’s age, sex behavior, environment, family relationship, etc. are considered in all other circumstances that are the conditions for sentencing.