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 May 14, 2009, the Defendant received a summary order of KRW 1 million as a crime of violating the Road Traffic Act (driving) from the Changwon District Court’s branch on May 14, 2009, and on December 4, 2009, the Defendant received a summary order of KRW 2.5 million as a crime of violating the Road Traffic Act (driving) from the Changwon District Court’s branch office.

On April 7, 2014, at around 00:42, the Defendant driven BM5 car in the state of alcohol of about 0.188% of blood alcohol concentration at approximately 1km from the front road of the Tong high school located in Pyeongtaek-dong, Young-gu, Tong-gu to the front road of the Dong-gu Seoul Metropolitan City in the same Dong-dong.

Summary of Evidence

1. Defendant's legal statement;

1. Report and investigation report on the host driver (with respect to the calculation of the Radmark);

1. A statement of criminal records, inquiry reports, and application of two copies of written judgments to Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (including the fact that there is no previous conviction in addition to the fine imposed on the accused and the fact that his mistake is repented);

1. Article 62 (1) of the Criminal Act on the suspension of execution ( repeatedly considering the grounds for discretionary mitigation);

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc., of orders to provide community service and attend lectures;