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 April 10, 2007, the Defendant received a summary order of KRW 700,000 from the Busan District Court to a fine for a violation of the Road Traffic Act, on October 12, 2009, the summary order of KRW 700,000 as a fine for the same crime from the Changwon District Court on October 12, 2009, and on November 19, 2012 from the same court, the summary order of KRW 5,00,000 as a fine for the same crime, respectively.

On July 3, 2015, at around 21:40, the Defendant driven B motor vehicles with the influence of alcohol level of about 70 meters from the 70-meter section of alcohol alcohol level to the front road of the Sungmun-dong located in the same Sammundong-dong in the same Siposi-dong.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of a host driver, and report on the status of a host driver;

1. Previous conviction: Application of the Acts and subordinate statutes of inquiry letter and a copy of summary order;

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 62 (1) of the Criminal Act (Special Considerations in favor of the accused among the reasons for sentencing following the suspended sentence);

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the Defendant again committed the instant crime even though he/she had the record of being sentenced to a fine several times due to a violation of the Road Traffic Act, as stated in the facts constituting the instant crime, and that the blood alcohol concentration level at the time of driving of the instant case also high is the reason for sentencing unfavorable to the Defendant.

However, the sentence like the order shall be imposed in consideration of the fact that the defendant repents and reflects his mistake, that the defendant has no criminal record of a stay of execution or more, and that the defendant has the criminal record of a stay of execution or more, the age and character of the defendant, motives, means and results of the crime, and the circumstances after the crime, etc.