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 May 4, 2007, the Defendant received a summary order of KRW 500,000 from the Changwon District Court to a fine of KRW 500,000 for a crime of violation of the Road Traffic Act, and on October 19, 2009, a summary order of KRW 4 million for the same crime at the Busan District Court.

On September 21, 2012, at around 21:40, the Defendant driven the B Dok Dok Dok Trak in the state of alcohol 0.142% under the influence of alcohol in approximately 100 meters from the public parking lot located in Busan Seo-dong, Busan to the front road in the same seat.

Summary of Evidence

1. Defendant's legal statement;

1. Details of inquiries about the circumstantial statements of a drinking driver, notification of results of the regulation of drinking driving, and management of reports on detection of drinking alcohol;

1. Previous records: Criminal records and other inquiries, and the application of Acts and subordinate statutes to investigation reports;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc. requires strict punishment for the defendant in light of the following: (a) although the defendant had a history of criminal punishment on two occasions due to drunk driving, he committed the instant crime of the same kind; (b) the nature of the crime is poor; (c) the blood alcohol concentration is not lower than 0.142%; and (d) the punishment for the crime of drunk driving has been strengthened by the revision of the Road Traffic Act.

However, it is decided as ordered in consideration of all the sentencing conditions shown in the arguments of this case, such as the defendant's age, character and conduct, environment and circumstances after the crime, etc., which are against the defendant's wrong judgment, and there is no criminal record exceeding the fine, etc.