A defendant shall be punished by imprisonment for not less than eight 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 January 5, 2007, the defendant was sentenced to a fine of 700,000 won for the crime of violation of the Road Traffic Act at the Busan District Court on January 5, 2007, and a summary order of 2 million won for the same crime at the same court on November 28, 201.

around 00:00 on April 2, 2015, the Defendant driven BM5 car in the state of alcohol alcohol concentration of about 0.152% on the front side of the main place where it is impossible to identify the trade name near the Busan National University located in the Geum-dong, Geum-gu, Busan to the front side of the same Gu Seo-dong-dong 2km from the front side of the main place where it is impossible to identify the trade name near the Busan National University.

around 00:50 on May 9, 2015, the Defendant driven BM5 car under the influence of alcohol content of approximately 0.077% from a section of about 300 meters to the roads near the subway station located in the Geumdong-gu Busan Metropolitan City to the natural gas station located in the same Dong.

Summary of Evidence

[2015 Highest 2714]

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Inquiry into the results of the crackdown on drinking driving, the report on the circumstantial statement of the drinking driver, the request for appraisal, the written appraisal of blood alcohol and the report on detection of the drinking driver;

1. Previous records of judgment: Criminal records, etc. and criminal investigation reports (a copy of a separate summary order);

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Application of Acts and subordinate statutes to reports on the results of crackdown on drinking driving, reports on the circumstances of drinking driving, and circumstantial statements of drinking drivers;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following favorable circumstances):

1. In the case of a drunk driving on May 9, 2015 under the suspended sentence of Article 62(1) of the Criminal Act, the driving distance is relatively short and is punished beyond a fine due to the same kind of crime.