A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

On December 5, 2013, the Defendant issued a summary order of KRW 1,500,000 as a fine for a violation of the Road Traffic Act from the Incheon District Court's Busan Branch on December 5, 2013, and from the same support on December 14, 2015, a fine of KRW 2 million as a fine for a violation of the Road Traffic Act.

On August 19, 2016, the Defendant: (a) was a person who has been punished twice or more for a violation of the Road Traffic Act; (b) was driving a B-hand car under the influence of alcohol with approximately 1km from around the 1km apartment site in the Seocheon-si, Seocheon-si, Seocheon-do to the road in front of Seocheon-ro 20, Seocheon-do, the Defendant was driving on the B-hand car in the influence of alcohol level of about 0.091%.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement of the state of primary operation, the statement of the state of primary operation, and the statement of blood alcohol appraisal;

1. Criminal records, inquiry reports, investigation reports, and application of summary order-related Acts and subordinate statutes;

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 (see, e.g., Supreme Court Decision 2009Da1448, Apr. 2, 2008);

1. Article 62 (1) of the Criminal Act (the same shall apply to the reasons for discretionary mitigation);