A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

On July 18, 2007, the Defendant issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act at the Busan District Court, and on October 21, 2015, for a fine of KRW 2.5 million for the same crime at the Dong Branch of the Busan District Court.

On November 10, 2017, at around 01:03, the Defendant driven BMW car while under the influence of alcohol concentration of approximately 0.138% (pulmonary measurement) in a section of approximately 1km from the front of the cafeteria to the front of the gas station, even though it is located in the BM car in the middle of the cafeteria, which is located in the mutual influence of the Kimhae-si, Kimhae-si.

As a result, the Defendant violated the prohibition on drinking at least twice, and drives a motor vehicle in a drunken state.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);

1. Notification of the results of regulating drinking driving;

1. Previous conviction: Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (Attachment of the previous and summary orders);

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate the amount of punishment (see, e.g., Supreme Court Decision 2009Da14488, Apr. 1, 201; Supreme Court Decision 2009Da1248, Apr. 1, 201);

1. Article 62 (1) of the Criminal Act on the suspension of execution (the above-mentioned normal consideration);

1. An order to attend a course under Article 62-2 of the Criminal Act;