1. The defendant shall be punished by imprisonment for six months;

2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;

3.

Punishment of the crime

On July 31, 2013, the Defendant issued a summary order of KRW 1.5 million for a crime of violation of the Road Traffic Act at the Busan District Court, and a summary order of KRW 1.5 million for the same crime at the same court on January 20, 2016, respectively.

Criminal facts

On July 27, 2016, at around 01:45, the Defendant driven a B-Wz car from around 300 meters away from the front day of the Hocheon-dong, Busan to the front day of the said T-W-WD mobilephone, while under the influence of alcohol by 0.174% of blood alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (limited to the same type of criminal records);

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

2. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

3. Article 62 (1) of the Criminal Act;

4. The criminal liability of the defendant, such as repeating a drunk driving for the reason of sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on Probation, etc., is not less than long after being punished as a drunk driving for the reason of sentencing, but is not less than that of imprisonment without prison labor or a heavier punishment, and the punishment shall be determined as ordered in consideration of the sentencing conditions of the defendant, such as his/her age, character and conduct, and environment.