A defendant shall be punished by imprisonment with prison labor for up to 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 power] On July 5, 2001, the Defendant was issued a summary order of KRW 1 million for a violation of the Road Traffic Act at the Changwon District Court’s Tongwon District Court’s branch on July 5, 2001; on February 5, 2003, the Defendant was sentenced to a fine of KRW 5 million for a violation of the Road Traffic Act (driving) at the Changwon District Court’s branch on April 21, 2005; on February 21, 2008, the Defendant was sentenced to a summary order of KRW 3 million for a violation of the Road Traffic Act (driving) at the Changwon District Court’s branch on February 21, 2008; and on October 11, 2010, the Defendant was sentenced to a suspended sentence of two years for a violation of the Road Traffic Act (driving).

【Criminal Facts】

On March 29, 2015, the Defendant, while under the influence of alcohol content of 0.093%, driven a Fchip car owned by the Defendant from around 500 meters to the front road of the “Ecafeteria” located in the said D from the front of the Tong-si, Tong-si to March 29, 2015.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiry into the result of the crackdown on drinking driving;

1. Previous records of judgment: Application of criminal records, inquiry reports (former records, summary orders, and binding of judgment) and statutes;

1. Relevant 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 for discretionary mitigation;

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act, such as the fact that the error of self-defense is pened and reflected, that the parked vehicle was operated upon request for delivery, and that the distance of operation is not long);

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