A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

On September 21, 2006, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act at the Seoul Southern District Court on September 21, 2006, and a fine of two million won for the same crime at the same court on October 5, 2007.

As a person engaged in driving BM5 vehicle, the Defendant driven the said vehicle under the influence of alcohol concentration of 0.073% on November 16, 2013, while driving the said vehicle at around 03:30,000, and did not immediately stop and take necessary measures, while driving the two lanes in front of the 648-1 Airport High School, Gangseo-gu Seoul Metropolitan Government Fire-Fighting Zone 648-1, along the one-lane toward the airport traffic along the intersection, while driving the two lanes in the direction of the road along the one-lane.

Summary of Evidence

1. Defendant's legal statement;

1. A written estimate attached to a traffic accident report, a alcohol measuring certificate, and a written estimate attached to an investigation report (investigation related to the submission of a written estimate of damaged structures);

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records;

1. Relevant provisions of Article 148-2 (1) 1, Articles 44 (1), 148, and 54 (1) of the Road Traffic Act concerning criminal facts, the choice of imprisonment with prison labor, or the choice of imprisonment with prison labor;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 201Da1548, Apr. 1, 201);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);