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 July 24, 2009, the Defendant was notified of a summary order of KRW 1 million for a crime of violation of the Road Traffic Act in the Busan District Court's Dong Branch Branch of the Busan District Court on July 24, 2009, and a summary order of KRW 700,000 for the same crime in the same court on December 24, 2009, respectively.

On November 23, 2018, the Defendant had been punished for drinking driving more than twice as above, but around 22:32 on November 23, 2018, the Defendant driven an EM7 car, which is owned by the Defendant, under the influence of alcohol leveling of about 3km from the section of approximately 0.052% of alcohol level from the road near Busan Jin-gu B market to the road front of the D Bank located in Busan So-gu C.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Report on the circumstantial statement of a drinking driver, report on the circumstances of a drinking driver, and inquiry into the results of crackdown on drinking driving;

1. Records before ruling: Criminal records and other inquiries, and application of each of the same kind of power summary order statutes;

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

1. Mitigation of discretionary mitigation of factors under Articles 53 and 55(1)3 of the Criminal Act (see, e.g., Supreme Court Decision 2006Da1548, Apr. 1,

1. Article 62(1) of the Criminal Act of the suspended execution (the following matters, etc. shall be repeatedly considered):

1. As for the reason for sentencing under Article 62-2 of the Criminal Act, it is necessary to take strict measures to regard the Defendant again committed the instant crime even though the Defendant had been punished twice due to drunk driving. However, it is necessary to impose the sentence as ordered in consideration of the Defendant’s age, occupation, etc., taking into account the following: (a) the confession of all the offenses and the depth of his mistake is divided; (b) the alcohol concentration level in blood falls under a relatively low figure; (c) there was no record of criminal punishment due to drunk driving since 2009; and (d) there was no record of criminal punishment due to