A defendant shall be punished by imprisonment for 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

On October 13, 2006, at the Seoul Western District Court, the Defendant received a summary order of KRW 1 million from a fine for a violation of the Road Traffic Act, on December 30, 2008, a summary order of KRW 2.5 million from a fine for a violation of the Road Traffic Act (driving), and on June 17, 2013 from the Seoul Western District Court, a summary order of KRW 7 million from a fine for a violation of the Road Traffic Act (driving).

On August 20, 2013, at around 23:01, the Defendant driven a B-H car under the influence of alcohol with a blood alcohol concentration of 0.086% without a car driver’s license from the front road of modern traffic in Seodaemun-gu Seoul Metropolitan Government to approximately 100-1 front road of the same 404-1.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving and on the circumstances of drinking drivers;

1. The driver's license ledger;

1. Previous records of judgment: Criminal records, inquiry reports, and the application of Acts and subordinate statutes reporting criminal investigations;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act (see, e.g., Supreme Court Decision 62 (1) (i.e., Supreme Court Decision 2009Da14

1. Article 62-2 of the Criminal Act concerning orders to provide community service and attend lectures;