A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of a sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On September 4, 2007, the Defendant received a summary order of KRW 2 million as a fine for a violation of road traffic law at the Jeju District Court on September 24, 201, KRW 4 million as a fine for the same crime in the same court on September 24, 2013, and KRW 5 million as a fine in the same court on June 2, 2015.

On April 6, 2016, the Defendant, who had a record of driving a drinking twice or more, driven a B passenger car under the influence of alcohol with approximately 200 meters alcohol level 0.139% of alcohol level in the south of the apartment building of the Busan Northern-dong, Pung-dong, Busan, on April 6, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. The driver's license ledger and a report on detection of the driver's license;

1. Application of an inquiry letter, such as criminal history, and a report on investigation (Attachment to the same summary order) by statutes;

1. Driving under the influence of alcohol on the relevant criminal facts: Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act without a license for driving under the same Act: Article 152 subparagraph 1 and Article 43 of the Road Traffic Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (a punishment provided for in the crimes of violating the Road Traffic Act with heavier punishment between both crimes and heavy punishment);

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 (see, e.g., Supreme Court Decision 201Da1448, Apr. 1, 20

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