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

[criminal history] On January 11, 2007, the Defendant was issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act at the Busan District Court's Dong Branch. On April 16, 2008, the Defendant was sentenced to a suspended sentence of KRW 2 million for eight months for a crime of violating the Road Traffic Act at the Busan District Court. On July 18, 2013, the Defendant was issued a summary order of KRW 5 million for a crime of violating the Road Traffic Act at the Busan District Court's Busan District Court.

[2] On February 1, 2017, around 23:45, the Defendant driven a small-scale E-car while under the influence of alcohol with 0.065% alcohol concentration in blood on the roads adjacent to D, located in Busan Northern-gu C.

Accordingly, even though the defendant was found to have violated the Road Traffic Act at least twice, he/she again driven a motor vehicle under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Previous convictions in judgment: Application of inquiry statements, investigation reporting statutes, such as criminal history;

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 53 and Article 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 2009Da14498

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

1. Protective observation and community service order under Article 62-2 of the Criminal Act;