A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On November 29, 2010, the Defendant issued a summary order of a fine of one million won at the Changwon District Court on the charge of violating the Road Traffic Act, and on March 13, 2014, the Defendant had a record of being issued a summary order of a fine of four million won at the Busan District Court on the charge of violating the Road Traffic Act.

On May 06, 2019, at around 06:42, the Defendant driven the F Mari-ri-ri-ri-ri-car from the C frontway in Busan Lan-gu to E frontway in the same Gu D, while under the influence of alcohol 0.101% of alcohol level.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Investigation report (report on the circumstances of an immigration driver);

1. Criminal records, investigation reports (verification of the same attached records), and application of Acts and subordinate statutes concerning summary orders;

1. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for a crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Although the Defendant had been sentenced to a fine twice due to drinking driving, the Defendant again was under the influence of alcohol concentration of 0.101% under the influence of alcohol, and was under the influence of alcohol driving.

However, in light of various circumstances, such as the fact that the defendant is aware of and reflects on the crime, the fact that there is no particular criminal record other than the above fine, the defendant's age, character and conduct, environment, circumstances leading to the crime, circumstances after the crime, etc., the punishment as ordered shall be determined.