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 February 17, 2016, the Defendant was sentenced to a fine of KRW 1 million for a crime of violating the Road Traffic Act (drinking driving) at the Changwon District Court on February 17, 2016, and a fine of KRW 3.5 million for the same crime at the same court on December 19, 2016.

On March 21, 2018, around 23:58, the Defendant driven B K7 cars under the influence of alcohol leveling 0.113% from the section of approximately 3km to the roads near the K Insane Center in Busan Northern-dong, to the roads near the station in the same Dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the circumstances of the driver at the main place of business and investigation report;

1. Inquiries about the results of regulating driving of alcohol and the register of driver's licenses;

1. Previous conviction: Application of Acts and subordinate statutes of inquiry about criminal history;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The fact that the reason for sentencing under Article 62-2(1) of the Criminal Act is the case where the defendant had been sentenced twice as a fine due to driving under drinking is disadvantageous to the defendant.

However, the sentence like the order shall be determined by comprehensively taking into account the circumstances favorable to the defendant, such as the fact that the defendant recognizes his mistake and reflects the fact that the defendant does not drive drinking again, and other conditions of sentencing as shown in the records, such as the age, occupation, sex, family relationship, and circumstances before and after the crime.

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