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 November 25, 2014, the Defendant issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act at the Ulsan District Court, and on December 2, 2015, the Defendant received a summary order of KRW 2 million for the same crime at the same court.

On October 19, 2016, around 05:03, the Defendant driven BM3 vehicles under the influence of alcohol with approximately 500 meters alcohol concentration 0.105% from the front of “the frequency of Man-si” road located in the Sin-gu, Busan Metropolitan City in the same Dong to the front of “the white-sea tunnel” in the same Dong.

Accordingly, the Defendant, who violated Article 44(1) of the Road Traffic Act not less than twice, driven a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of an inquiry letter, such as criminal history, and an inquiry report (Attachment to a copy of a summary order) statute;

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that there is no previous conviction exceeding a fine, the fact that the crime is recognized and the fact that the mistake is repented in depth);

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