A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Punishment of the crime

On April 15, 2010, the Defendant was sentenced to a fine of 2.5 million won for a crime of violating the Road Traffic Act at the Busan District Court on April 15, 201, and the Defendant was issued a summary order of 5 million won for the same crime at the same court on October 11, 2012.

On May 2, 2017, the Defendant driven BM3 motor vehicles at the section of approximately 2km from the beginning of the Yongsan-gu in the city of Changwon to the road (ju) in front of the Busan Gangseo-gu, in a state of alcohol of 0.155% of alcohol concentration among blood transfusion around 22:47.

Therefore, even though the Defendant violated two times or more due to drinking, the Defendant was driving a motor vehicle under the influence of alcohol as above.

Summary of Evidence

1. Statement by the defendant in court;

1. Finding and reporting violations of traffic laws on roads, and inquiring about the results of regulating drinking driving;

1. Previous conviction: Application of Acts and subordinate statutes to inquire about criminal history, copy of the judgment, and copy of the summary order;

1. The provision of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime under the relevant provision of the Act;

1. Article 53 and Article 55(1)3 of the Criminal Act for mitigation of a small amount (see, e.g., Supreme Court Decision 2009Da1548, Apr. 1, 2011);

1. Article 62 (1) of the Criminal Act ( repeatedly considering the above circumstances);

1. An order to attend a course under Article 62-2 of the Criminal Act;