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 December 28, 2006, the Defendant issued a summary order of KRW 1,500,000 as a fine for a violation of the Road Traffic Act (driving) at the Seoul Western District Court, and on November 9, 2009, issued a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act (driving) at the Seocho District Court, and on February 8, 2013, issued a summary order of KRW 7,00,000 as a fine for a violation of the Road Traffic Act (driving) at the Seoul Western District Court.

At around 23:20 on November 1, 2014, the Defendant driven a DNA-learning car under the influence of alcohol concentration of 0.166% at the 3m section within the “C main store” parking lot located B at Yangju.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial report on the driver and the report on detection of the driver;

1. Previous records: Application of inquiry reports and investigation reports, including criminal records, and 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 (see, e.g., Supreme Court Decision 2009Da15489, Apr. 2, 2009) (see, e.g., Supreme Court Decision 2009Da124

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);

1. An order to attend a compliance driving lecture to prevent recidivism in consideration of the fact that he/she again drives without a driver's license even though he/she had a record of punishment for drinking driving, such as before the judgment of the accused, even though he/she had a record of driving under the influence of alcohol, etc.;