A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

On August 9, 2012, the Defendant was sentenced to a fine of KRW 5 million for a violation of the Road Traffic Act (drinking driving) at the Busan District Court's Branch on August 9, 2012, and a fine of KRW 4 million for a violation of the Road Traffic Act (dacting driving) at the Incheon District Court on January 2, 2014, and on September 22, 2015, by the Seoul Southern District Court on September 22, 2015, for a violation of the Road Traffic Act (dacting driving).

On November 15, 2015, at around 16:40 on November 15, 2015, the Defendant driven an FK5 vehicle while under the influence of alcohol with 0.143% alcohol concentration from a large quantity of 50 meters from the street 21, Guro-gu Seoul Metropolitan City Park, to the street 638, street 638, the same Gu-ro.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. A report on the detection of a driver at the main place, a report on the circumstances of the driver at the main place, and an investigation report (the application of the aforementioned dic formula);

1. The driver's license ledger;

1. Previous convictions: A reply to inquiries, such as criminal history, reports on the results of confirmation of the previous convictions of the disposition, and application of three copies of the same past rulings;

1. Driving under the influence of alcohol for a crime: Article 148-2(1)1 of the Road Traffic Act and Article 44(1)1 of the same Act: Dumumums for driving without a license under Article 152 subparag. 1 and Article 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment shall be imposed on a person who violates the Road Traffic Act due to a heavier drinking operation);

1. Selection of imprisonment with prison labor chosen;

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 criminal liability is heavy in that it repeatedly leads to the instant crime even though there was the same record of sentencing as the sentencing of Article 62-2 of the Criminal Act.

However, the punishment as ordered shall be determined in consideration of the fact that the defendant has no criminal record exceeding a fine, the fact that his/her mistake is divided, and the age, sex, environment, etc. of the defendant and the conditions of the sentencing prescribed in Article 51 of the Criminal Act are considered.

It is so decided as per Disposition for the above reasons.