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 January 8, 2014, the Defendant issued a summary order of KRW 1,50,00,000 as a fine for a crime of violating the Road Traffic Act (driving) at the port branch of the Daegu District Court on January 8, 2014, and a summary order of KRW 3 million as a fine in the same court on June 3, 2015, respectively.

피고 인은 위와 같이 도로 교통법위반( 음주 운전) 죄로 2회 이상 처벌 받은 전력이 있음에도, 2017. 9. 27. 04:04 경 혈 중 알코올 농도 0.147% 의 술에 취한 상태로 포항시 남구 중흥로 152번 길에 있는 짱 포차 앞에서부터 같은 로에 있는 신문고 주점 앞까지 약 80m 가량 B BMW 승용차를 운전하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. Previous conviction: Inquiry about criminal history and application of a copy of each summary order;

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

1. Selection of alternative imprisonment with prison labor (Considering the circumstances, such as the fact that the defendant had been punished twice due to drinking driving in the past but again leads to the instant crime and that the blood alcohol concentration level is considerably high);

1. Article 53 and Article 55 (1) 3 of the Criminal Act (see, e.g., Articles 55 and 55 (1) 3 (see, e.g., Supreme Court Decision 2009Do1488, Apr. 2, 201)

1. Article 62 (1) of the Criminal Act on the suspension of execution (the grounds for reduction of the amount of punishment repeated);

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