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

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

Punishment of the crime

[criminal history] On May 14, 2008, the defendant was sentenced to a fine of three million won due to a violation of the Road Traffic Act (drinking driving), etc. by the Busan District Court, and on September 2, 2008, the defendant was sentenced to a fine of two million won due to a violation of the Road Traffic Act (dacting driving) in the Busan District Court's branch branch, three previous criminal records of the same kind.

[2] On December 8, 2015, around 04:37, the Defendant driven a sports cargo vehicle in Bcoon under the influence of alcohol level of about 0.173% in a section of about 10km from the street in front of the restaurant "Saribu," located in the Dong-dong, Busan, to the front of the international white apartment located in the city of Busan, Jari-gu. In addition, the Defendant driven a sports cargo vehicle under the influence of alcohol level of about 0.173% in blood.

As a result, the Defendant driven a motor vehicle under the influence of alcohol not less than twice, and driven a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving, response to requests for appraisal, and reports on the detection of drivers;

1. Previous convictions in judgment: Application of Acts and subordinate statutes to inquire about criminal history and report on investigation (a summary order, etc.);

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. Article 53 and Article 55 (1) 3 of the Criminal Act for Reduction of Small Quantity (see, e.g., Supreme Court Decision 2009Da1448, Apr. 1, 201)

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

1. It is decided as per the Disposition on the grounds of Article 62-2 or more of the Criminal Act;