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 of the final judgment.

Punishment of the crime

On November 13, 2008, the Defendant was sentenced to a fine of KRW 2 million for a violation of the Road Traffic Act (driving) at the District Court of Jung-gu District on November 13, 2008, and a fine of KRW 2.5 million for the same crime at the same court on November 20, 2008.

As above, the Defendant, who violated Article 44(1) of the Road Traffic Act more than twice, driven B rocketing car at approximately 100 meters from the upper end of the Elderly Welfare Center, which was located on May 29, 2014, 0.155% of the blood alcohol concentration of 0.15% at his own city, to the upper end of the Yongsan Elementary School located on May 29, 2014, under the influence of alcohol around 0.15%.

Summary of Evidence

1. Defendant's legal statement;

1. A written appraisal of blood alcohol concentration and a report on the detection of a drinking driver;

1. Previous records of judgment: Application of criminal history records, investigation reports (former records and confirmation reports) and Acts and subordinate statutes;

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 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 53 and Article 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 2009Da14448, Apr. 2, 2008)

1. Article 62 (1) of the Criminal Act on the suspension of execution (Discretionary grounds for discretionary mitigation);

1. Order to attend lectures under Article 62-2 of the Criminal Act;