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 two years from the date this judgment becomes final and conclusive.

Criminal facts

On November 24, 2006, the Defendant issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking driving) at the Busan District Court's Dong Branch, and on July 30, 2012, the Defendant received a summary order of KRW 2.5 million for the same crime at the same court on July 30, 2012, respectively, on three occasions in total.

On May 21, 2017, around 18:30 on May 21, 2017, the Defendant driven B-low-water car under the influence of alcohol level of about 0.122% in a section of about 30km from the front day of the entrance of the fish shed located in the Cheongsan-si, Busan, Busan, to the front day of the 8.2km-do, Busan, the Cheongsan-si.

Accordingly, the Defendant, who violated Article 44(1) of the Road Traffic Act not less than twice, was driving a motor vehicle under the influence of alcohol in violation of Article 44(1) of the Road Traffic Act.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual condition, inquiry into the results of crackdown on drinking driving, the circumstantial report on the driver of the main vehicle, making a tea inquiry, and written estimate;

1. Previous conviction: Inquiry about criminal history and application of a copy of a summary order;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) (Selection of Imprisonment) 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. Social services and orders to take lectures under Article 62-2 of the Criminal Act;