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 January 3, 2011, the Defendant was issued a summary order of KRW 2.5 million by the Changwon District Court for a crime of violating the Road Traffic Act, and a summary order of KRW 4 million by the same court on October 6, 2014 for a crime of violating the Road Traffic Act.

On June 8, 2017, while under the influence of alcohol content 0.096% during blood transfusion around 01:20, the Defendant driven a B string car at the 1km section of approximately 1km from the front of the incheon-gu Chinese restaurant located in the Gyeong-dong, Changwon-si, Changwon-si, Changwon-ro 21, Gyeong-ro 21, Gyeong-ro 23, Gowon-ro, Gowon-si.

As a result, the Defendant was punished more than twice for a violation of the Road Traffic Act (drinking) but was under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

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. Inquiries about the results of crackdown on drinking driving;

1. Previous convictions in judgment: Application of two copies of a reply to inquiry, such as criminal history, investigation report (Binding of a summary order driving under drinking), and summary order;

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 reduce the amount of punishment (see, e.g., Supreme Court Decision 2007Da14488, Apr. 1, 2007; Supreme Court Decision 2008Da1248, Apr. 2, 2008)

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;