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 March 13, 2012, the Defendant was issued a summary order of 1.5 million won by a fine for a violation of the Road Traffic Act at the Busan District Court on March 13, 2012, and a summary order of 3 million won by the same court on July 8, 2016, respectively.

Although the Defendant had been punished twice or more as above, on November 28, 2018, at around 22:20, the Defendant driven a motor vehicle with low alcohol level of about 500 meters from the section near Busan B market to the front road located in the same Gu C, under the influence of alcohol level of about 0.073%.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Previous convictions indicated in the judgment: Criminal history records, inquiry reports, and application of two-yearly summary orders of the same power;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 2009Da1548, Apr. 1, 2009);

1. Article 62 (1) of the Criminal Act on the suspension of execution ( repeatedly considering the grounds for discretionary mitigation);

1. Order to attend lectures under Article 62-2 of the Criminal Act;