A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

On September 14, 2009, the Defendant received a summary order of KRW 700,000 from the Changwon District Court to a fine of KRW 100,00 as a crime of violating the Road Traffic Act, and a summary order of KRW 2 million as a fine in the same court on November 11, 2013, respectively.

On September 12, 2017, at around 03:55, the Defendant driven a Chodo car under the influence of alcohol concentration of about 800% in the section of approximately 800 meters from the front of the “Puju house” road located in 545, Puju City, Kimhae-si, to the front of the CU convenience store located in 39 o.e., the same city.

Accordingly, the defendant, who violated the prohibition of drinking driving regulations not less than twice, was driving the car under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on detection of a violation of traffic laws on roads;

1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);

1. Notification of the results of crackdown on drinking driving and inquiry of the results of crackdown on drinking driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (the previous confirmation of such past history);

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate the amount of punishment (see, e.g., Supreme Court Decision 2009Da14488, Apr. 1, 201; Supreme Court Decision 2009Da1248, Apr. 1, 201);

1. Article 62 (1) of the Criminal Act on the suspension of execution (the above-mentioned normal consideration);

1. An order to attend a course under Article 62-2 of the Criminal Act;