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 November 23, 2007, the Defendant received a summary order of KRW 4 million for a violation of the Road Traffic Act (driving) from the Sungnam Branch of Suwon District Court on November 23, 2007, a summary order of KRW 2.5 million for the same crime from the Sungnam Branch of Suwon District Court on January 6, 2010, and a summary order of KRW 7 million for a violation of the Road Traffic Act from the Suwon District Court on July 25, 2012, respectively.

On February 7, 2015, at around 03:01, the Defendant driven a BM5 car at about 2 km section prior to the Central Drown-dong of the Pridong, Sungnam-si, in a state of alcohol of 0.071% of blood alcohol concentration.

As a result, the Defendant once driven a motor vehicle under the influence of alcohol even though he was punished for violating two times or more due to drinking.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstances of an employee;

1. Statement of the circumstances of the driving of a motor vehicle;

1. Inquiry into the result of the crackdown on drinking driving;

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records;

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 201Da1548, Apr. 2, 201);

1. Article 62 (1) of the Criminal Act (Reasons for discretionary mitigation);

1. Social service order under Article 62-2 of the Criminal Act;