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 March 23, 2009, the Defendant received a summary order of KRW 2 million from the Changwon District Court as a crime of violating the Road Traffic Act (drinking), and a summary order of KRW 5 million from September 9, 2013 as a crime of violating the Road Traffic Act (drinking) at the Changwon District Court.

On March 3, 2017, around 16:05, the Defendant driven B New Habp XD car under the influence of alcohol concentration of 0.128% in blood on the section of 8km from the front road of the f5-15, the 8km-ro, Changwon-si, Sungwon-si, Busan, to the road in front of the 65-15, the Domindong-si, Kimhae-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on the detection of suspected victims of violating traffic laws on roads;

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

1. Notification of the results of regulating 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 subparag. 1 subparag. 3 of the Criminal Act to mitigate the amount of punishment (see, e.g., Articles 53 and 55 subparag. 1 subparag. 3 of the Criminal Act (see, e., Supreme Court Decision 2009Da14448, Apr. 2, 201);

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

1. Article 62-2 of the Criminal Act, and Article 59 of the Act on the Observation, etc. of Protection, etc. of Persons obliged to attend lectures;