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.

Criminal facts

[criminal history] On March 3, 2009, the Defendant was issued a summary order of KRW 5 million with a fine of KRW 1 million due to a violation of road traffic law at the Suwon District Court’s Eunpyeong District Court’s House on the same offense. On June 12, 2014, the Defendant was issued a summary order of KRW 4 million with the same offense in the same court.

[2] The Defendant: (a) was a person who had been punished twice or more due to drinking driving; and (b) was driving a B-do motor vehicle under the influence of alcohol with approximately 0.152% alcohol concentration in the section of about 50 meters from the front of the 514-dong apartment complex from the front of the 514-dong road to the front of the 504-dong apartment complex.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the detection of a primary driver;

1. Reporting of investigation results;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and a copy of a summary order;

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 stay of execution ( comprehensively considering all the circumstances, such as the fact that the criminal defendant is deeply divided and reflected in the crime of this case, that the criminal defendant has no record of criminal punishment exceeding the fine, the degree of the criminal defendant's driving and the record of punishment for drinking driving);

1. Article 62-2 of the Criminal Act, Article 59 (1) of the Act on the Observation, etc. of Protection, etc. of Social Service Orders;