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.

Criminal facts

On July 13, 2009, the Defendant received a summary order of 2.5 million won of a fine for a crime of violating the Road Traffic Act at the Changwon District Court on July 13, 2009, and a summary order of 3 million won of a fine by the same court on January 28, 2008.

around 10:00 on October 28, 2015, the Defendant driven a B SP car with blood alcohol concentration of 0.221% under the influence of alcohol from the front of a mutually influorous restaurant located in the Dong-dong of Busan, to the new road located in the same Dong-dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving;

1. Application of Acts and subordinate statutes to inquiries about criminal history and report on investigation (report accompanied by a summary order);

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 Decision 62 (1)

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