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

[criminal history] On February 21, 2007, the Defendant received a summary order of KRW 500,000 as a fine for a crime of violating the Road Traffic Act (drinking) from the Changwon District Court’s branch on February 21, 2007, and a summary order of KRW 1,50,000 as a fine for a crime of violating the Road Traffic Act (drinking) from the Changwon District Court’s branch on October 24, 2007.

[Criminal facts] On August 28, 2017, the Defendant driven C M& car owned by the Defendant under the influence of alcohol concentration of about 150 meters from the front of the west-ro 309 o-ro to the front of the used car, with a 0.132% alcohol level in blood, from the front of the west-ro 17:10 occ on August 28, 2017

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual condition, a report on the occurrence of a traffic accident, a report on the results of crackdown on drinking driving, and a report on the situation of the driver under driving;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and a report on investigation (Attachment to the same type of judgment attached thereto) shall be made;

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

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 defendant for sentencing of Article 62-2 of the Criminal Act on the grounds of the order to provide community service and attend lectures has a history of being sentenced to four times of criminal punishment for traffic crimes such as drinking, driving, etc., but has also committed an automobile driving under the drinking condition

However, there is no record of criminal punishment exceeding a fine, against the defendant's recognition of his/her crime, and there is no record of criminal punishment.

The punishment shall be determined as ordered by taking into consideration the following factors: alcohol density, driving distance, and the age, sex, environment, motive, means and consequence of the crime, circumstances after the crime, etc. of the defendant, and all the sentencing conditions shown in the previous theory, such as the records of this case and the changes.