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 December 21, 2009, the Defendant received a summary order of one million won or more as a fine for a violation of the Road Traffic Act, and a summary order of four million won or more as a fine on July 18, 201, respectively, from the Changwon District Court on December 21, 2009.

Although the Defendant had been punished twice or more due to drinking driving, on November 18, 2013, at around 00:20, the Defendant driven a B-pppon vehicle with approximately 40km alcohol concentration of about 0.05% from the 40km section to the front road of the luminous oil station located in the Dong-dong in Kimhae-si, Kimhae-si.

Summary of Evidence

1. Defendant's legal statement;

1. No. 2-5 of the evidence list submitted by the prosecutor (hereinafter “list”).

1. Previous convictions in judgment: Application of the Act No. 6,7 of the list;

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

1. Selection of imprisonment with prison labor chosen (see, e.g., previous conviction);

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Do148, Apr. 1, 201);

1. Article 62 (1) of the Criminal Act on the suspension of execution (such as the fact that the defendant has no record of criminal punishment heavier than that of the suspension of execution for the same crime, and that the defendant does not repeat the same crime in the future);

1. It is so decided as per Disposition on the grounds of not less than Article 62-2 of the Criminal Act regarding an order to attend a compliance lecture;