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

[criminal power] On April 13, 2009, the Defendant received a summary order of KRW 2 million from the Busan District Court to a fine for a violation of the Road Traffic Act (driving). On July 17, 2013, the Defendant has a record of having received a summary order of KRW 2 million from the same court as the same crime.

【Criminal Facts】

On June 15, 2013, the Defendant, while under the influence of alcohol content of 0.136% by blood alcohol content, was driven by B at approximately 15 km away from the trificial area of the Gangseo-gu Busan Metropolitan City to the point of 5.2km in the trific area of the Southern Sea Highway, which is located in the trific area of the Kimhae-si in the trific area of the city.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Making a report on the control of drinking driving;

1. Previous records before ruling: Criminal records, inquiry reports, investigation reports (Attachment to the previous records and summary order), and application of Acts and subordinate statutes significantly to this court;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 62-2(1) of the Criminal Act on probation and community service order has a record of being punished twice due to drunk driving since 2009. In particular, the punishment shall be determined by taking into consideration favorable circumstances such as the following: (a) the fact that a defendant was under the influence of drinking driving on April 13, 2013 and the summary judgment procedure is underway despite the fact that a burners are under the process of summary judgment; (b) the drinking driving on an expressway is more dangerous than the ordinary road, and the risk of large-scale accidents is larger than the ordinary road; and (c) the driving distance is not short, etc. disadvantageous to the defendant; (d) the fact that his mistake is against the defendant; and (e) the fact that he is under the influence of drinking driving in the future.

It is so decided as per Disposition for the above reasons.