A defendant shall be punished by imprisonment for not more than ten 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

The defendant has been punished by a fine of KRW 3 million for a crime of violating the Traffic Act on January 21, 2016, and a fine of KRW 5 million for the same crime on November 28, 2008.

On June 24, 2016, the Defendant driven B bus (tourist bus) with approximately 0.155% alcohol concentration in blood at a section of about 4 km from the vicinity of the Yadong in Ansan-si to the vicinity of the wedding church located in the same private Dong in the same Gu from Jun. 24, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving;

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

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 (not less than a number of criminal records against the defendant, but also considering that the defendant is led to confession and reflects by the defendant, and that the defendant has no record of excess punishment of fines due to the same crime);

1. It is so decided as per Disposition for the reasons under Article 62-2(1) and the main sentence of Article 62-2(2) of the Criminal Act, and Article 59 or more of the Act on the Observation, etc. of Protection;