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

On July 3, 2015, the Defendant received a summary order of fine of three million won for a crime of violating road traffic laws at the Changwon District Court on July 3, 2015, and a summary order of 2.5 million won for the same crime at the same court on April 22, 2016.

On April 29, 2016, the Defendant, at around 00:58, was suspended from the driver’s license of a motor vehicle and, while under the influence of alcohol of 0.180%, driven the BK three motor vehicles at approximately 10km section from the apartment parking lot of an apartment to the salary underground vehicular road located in Gangseo-gu, Busan to the road above the Dobong-gu, Busan.

Summary of Evidence

1. Statement by the defendant in court;

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

1. The driver's license ledger;

1. Application of Acts and subordinate statutes to inquiries about criminal history and report on investigation (Attachment to a summary order of the same kind of power);

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

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 suspension of execution (see, e.g., Supreme Court Decisions 201Do141, Apr. 1, 201

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