A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

On June 7, 2011, the Defendant was issued a summary order of two million won for a crime of violating the Road Traffic Act at the Changwon District Court on the same day, and on January 20, 2014, the Defendant was issued a summary order of 2.5 million won for the same crime at the same court.

Nevertheless, the Defendant was under the influence of around 03:55 on April 13, 2019, and around 0.061% of blood alcohol concentration, and was driving Crob car from the front of the Busan Shipping Daegu apartment to the front of the Busan Metropolitan City B Apartment-dong, Busan Metropolitan City, to approximately 7km.

The Defendant, as seen above, has violated the prohibition of drinking once driving, but again driven under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement statement and investigation report of the employer (the circumstantial report of the employer-employed driver);

1. Previous records before ruling: Application of criminal records, inquiry reports, and criminal investigation reports (a summary order attached to the same type of power);

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 1 and 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018);

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (including circumstances of the crackdown, the degree of the drinking of the defendant, and the fact that the defendant has no record of serving a punishment heavier than imprisonment without prison labor);

1. Order to attend lectures under Article 62-2 of the Criminal Act;