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

[criminal history] On November 23, 2010, the Defendant was issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act at the Daegu District Court on the same day. On September 26, 2011, the Defendant was issued a summary order of KRW 2.5 million for a crime of violating the Road Traffic Act (driving), and on June 13, 201, the Defendant was sentenced to a fine of KRW 7 million for a crime of violating the Road Traffic Act at the Busan District Court on the same day.

[Criminal facts] On October 12, 2015, the Defendant driven CM3 automobiles from the front of a restaurant with alcohol concentration of 0.094% in the Busan East-gu hot spring under the influence of alcohol at around 03:41, and from the front of the restaurant with alcohol concentration of 0.094% in the blood, to the front of the two tunnels in the same city-dong, the Defendant driven CM3 automobiles at the 3km section from the front of the 2km-dong in the same city-dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (formers and accompanying reports, such as judgments, etc.);

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

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 suspension of execution (including the fact that there is no criminal record or heavier than the suspension of execution, or that there is an attempt not to repeat a crime);

1. Article 62-2 of the Criminal Act on community service or lecture attendance order;