A defendant shall be punished by imprisonment for six months.

except that 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 August 22, 2016, the Defendant issued, at the Busan District Court, a summary order of KRW 1.5 million for a crime of violation of the Road Traffic Act, and on May 12, 2017, the same court issued a summary order of KRW 6 million for a crime of violation of the Road Traffic Act.

At around 09:20 on May 07, 2017, the Defendant, while under the influence of alcohol with 0.065% of the blood alcohol concentration without a driver’s license, driven a DES car over about 15km of approximately 15km from the near street in the luminous area of Busan, to C in the front road in the Busan, Seo-gu.

Therefore, even though the Defendant violated the prohibition of drinking driving more than twice, the Defendant was driving a motor vehicle under the influence of alcohol as above.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Report on the results of the crackdown on drinking driving, and the statement of the situation of drinking drivers;

1. Registers of driver's licenses;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (Attachment of summary orders);

1. Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning the facts constituting the crime;

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

1. Selection of imprisonment with prison labor chosen;

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

1. It is so decided as per Disposition by the court below on the grounds of Article 62(1) of the Criminal Act (the circumstances leading to the instant crime, the degree of exploitation, the fact that there is no record of a crime exceeding the fine, the time interval between the content of the same criminal records and each crime, the circumstances after the crime, the age of the accused, character and conduct, environment, family relationship, social ties, etc.) or more.