A defendant shall be punished by imprisonment for 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 August 17, 2009, the Defendant was sentenced to a fine of KRW 1.5 million for a crime of violating the Road Traffic Act at the Busan District Court on August 17, 2009, and a fine of KRW 1.5 million for the same crime at the same court on March 3, 2010.

Although the Defendant had been punished twice or more due to a violation of the Road Traffic Act (drinking) as above, on November 8, 2017, the Defendant driven BM 525 vehicles under the influence of alcohol concentration of about 0.135% from the National Bank in front of the National Bank located in the Ya-dong, Busan, to the front day of the enzy forest located in the same Dong-dong from November 8, 2017 to the FF elementary school located in the same Dong.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the circumstances of the driver involved in the driving and a report on the detection of the driver involved in the driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (the previous confirmation of such past history);

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reasons for sentencing under Article 62-2(1) of the Criminal Act and Article 59 of the Act on the Protection, Observation, etc. of the Order to Attend the Military Service Act are as follows: (a) the Defendant again committed the instant crime despite several times of the past records of punishment for drinking driving; (b) disadvantageous circumstances, such as the fact that the drinking value of the instant case is considerably high; (c) the Defendant recognized the instant crime and divided the Defendant’s mistake in depth; and (d) favorable circumstances, such as the fact that the Defendant has no record of criminal punishment exceeding the fine, are considered together, taking into account the favorable circumstances, such as the fact that the Defendant has committed the instant