A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Criminal facts

On October 13, 2015, the Defendant was sentenced to suspension of indictment for a violation of the Road Traffic Act (drinking driving) at the Changwon District Prosecutors' Office, and on April 1, 2016, issued a summary order of KRW 1.5 million for a violation of the Road Traffic Act (dacting driving) at the Changwon District Court.

On March 12, 2016, while under the influence of alcohol content of 0.108% among blood transfusions, the Defendant driven a vehicle B below 1km in the section of approximately 1 km from the front side of the Han-si Hospital in Changwon-si, Sungwon-si, Sungwon-si, Seoul, to the roads before the Gyeongnam Local Military Manpower Administration, located in approximately 103-3, 103-3, Changwon-si, Changwon-si.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the detection of a primary driver;

1. Application of Acts and subordinate statutes to inquiries about criminal history and report on investigation (Attachment to a summary order of the same kind of power);

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

1. Selection of imprisonment with prison labor chosen;

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 suspension of execution (see, e.g., Supreme Court Decisions 201Do141, Apr. 1, 201