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.

Punishment of the crime

On May 11, 2009, the Defendant received a summary order of KRW 700,000 as a fine for a violation of road traffic law (drinking driving) from the Changwon District Court's branch on May 11, 200, and on June 9, 2014, the Defendant received a summary order of KRW 4 million as a fine for a violation of road traffic law (drinking driving) from the Changwon District Court's branch office.

On December 8, 2017, at around 01:35, the Defendant driven BMW car under the influence of alcohol level of about 0.057% at a section of about 300 meters before the road located in the Ganhae-dong, GUW car, which is located in the Gannam-dong, Chungcheongnam-si, Kim Jong-si.

Accordingly, the Defendant, who violated the prohibition clause on drinking at least twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Application of a reply to inquiry, such as criminal history, a report on investigation (Attachment to the previous summary order), and a summary order, to two Acts and subordinate statutes;

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

1. Article 53 and Article 55(1)3 of the Criminal Act for Reduction of Small Amount of Punishment (see, e.g., Supreme Court Decision 2007Da15488, Apr. 1, 2007) (see, 2008Da11448, Apr. 2, 2007)

1. Article 62 (1) of the Criminal Act on the suspension of execution (the above-mentioned normal consideration);

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