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.

Punishment of the crime

On June 27, 2008, the Defendant was sentenced to a fine of 700,000 won as a crime of violating the Road Traffic Act at the Busan District Court, and on September 4, 2013, to a crime of violating the Road Traffic Act at the Busan District Court, with six months of imprisonment and two years of suspended execution.

On October 13, 2016, at around 20:25, the Defendant driven a BS 5 car under the influence of alcohol content of about 200 to 0.058% in a section of about 300 through 300 meters from the front of a restaurant to the rear middle school located in the 93-ro in the city of Kimhae-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Application of Acts and subordinate statutes to inquiries about criminal history and reports on the results of previous convictions;

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. According to Article 62(1) of the Criminal Act of the suspended sentence, a comprehensive consideration of the following factors: (a) details and distance of the driving of drinking alcohol for the reason of sentencing; (b) degree of drinking alcohol; and (c) criminal records and rebuttals, etc.,