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 one year from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal history] On September 28, 2007, the Defendant was issued a summary order of KRW 1,00,000 as a crime of violating the Road Traffic Act (dacting driving) at the Changwon District Court’s Tong-gu branch on September 28, 2007, and a summary order of KRW 1,50,000 as a crime of violating the Road Traffic Act (dacting driving) at the Busan District Court on June 14, 201.

[Criminal facts] On December 27, 2015, around 04:25, the Defendant driven B SP car under the influence of alcohol concentration of about 0.137% in a section of about 1km from the roads near the subway station in Busan Metropolitan City, Dong-dong, Busan Metropolitan City to the time from sunrise to sunrise in the vicinity of the 2 tunnel-dong, Chungcheongnam-dong, Chungcheongnam-dong to the day preceding the gas station.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved and report on the detection thereof;

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

1. Response to a request for appraisal;

1. Previous conviction in judgment: Application of a reply to inquiry about criminal history, and application of Acts and subordinate statutes on investigation report;

1. Relevant provisions of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning facts constituting an offense, and the choice of imprisonment with prison labor;

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 suspended execution;

1. The sentencing conditions under Article 51 of the Criminal Act, such as the Defendant’s blood density, alcohol density, the course and distance of driving, the records of punishment for the same kind of crime, and the Defendant’s age, sex, environment, and circumstances after the crime, etc. for the reasons of sentencing under Article 62-2 of the Criminal Act, are equally taken into account. The sentence against the Defendant is determined and the order to provide community service and attend lectures is added due to reflective and sexual reflection.