A defendant shall be punished by imprisonment with prison labor for up to 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

[criminal history] On July 31, 2007, the Defendant was issued a summary order of KRW 2.5 million by the Jeju District Court for a crime of violating the Road Traffic Act (driving), and on March 6, 2017, the Defendant was issued a summary order of KRW 1.5 million by a fine for a crime of violating the Road Traffic Act (driving).

[Criminal facts] On April 7, 2017, the Defendant driven a tea with alcohol level of 0.109% in the 2km section around the Market near the Do in the same city, from the Do near the Bosung-dong, at Jeju-do around April 13:25, 2017.

Accordingly, the Defendant again driven a motor vehicle under the influence of alcohol in violation of Article 44 (1) of the Road Traffic Act, as a person who violated Article 44 (1) of the Road Traffic Act twice.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Previous convictions in judgment: Application of inquiry letter, such as criminal history, and investigation report (A), and Acts and subordinate statutes (verification of a suspect's history of drinking driving at least twice);

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 for mitigation of a small amount (see, e.g., Supreme Court Decision 2006Da1448, Apr. 1, 2006)

1. Article 62 (1) of the Criminal Act on the suspension of execution (resumed grounds for reduction of the amount of punishment);

1. Orders to observe protection and attend lectures under Article 62-2 of the Criminal Act;