A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Criminal facts

【Criminal Records of Crimes】 On January 15, 2010, the Defendant was sentenced to a fine of KRW 700,000 to a fine of KRW 7 million for a violation of road traffic laws at the Ulsan District Court, and a fine of KRW 2 million for the same crime at the Busan District Court on November 25, 2014.

【The Defendant driven a B4-car under the influence of alcohol level of about 0.092% in the section of about 5km from the front of the upper elementary school located in the upper west-gu, Yangsan-si, Yangsan-si to the front road of the gold industry company located in the west-gu, the upper west-gu, Yangsan-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Notice of the result of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (referring to the previous convictions and the summary order);

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. 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 grounds for sentencing under Article 62-2 of the Criminal Act include the Defendant’s records of traffic punishment, including drinking and unlicensed driving, alcohol concentration in the instant blood, possibility of recidivism and reflectivity, etc.