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 January 23, 2009, the Defendant received a summary order of KRW 700,00,000 as a fine for a violation of the Road Traffic Act in the Daegu District Court Kimcheon Branch on January 23, 2009, and KRW 2 million as a fine for a violation of the Road Traffic Act in the Daegu District Court Kimcheon Branch on February 14, 2012.

Although the Defendant had had a history of drinking twice or more as above, on April 19, 2015, at around 21:19, the Defendant driven a B Twork XG car with a blood alcohol content of about 0.097% from the section of approximately 1 Km from the front of a cafeteria located in the original city in the Gu-U.S., Nowon-si to the same terminal distance.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of driving under the influence of alcohol, report on the status of driving under the influence of alcohol, and inquiry into the results of the control of drinking under the influence of alcohol;

1. Previous for judgment: Application of criminal records, inquiry reports, and investigation reports [including two copies of a summary order attached thereto]-related Acts and subordinate statutes;

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;

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 2007Da15488, Apr. 2, 2007) (see, 2008Da1248, Apr. 2, 2007)

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

1. Article 62-2 (1) of the Criminal Act to attend lectures;