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.

Criminal facts

On September 24, 2008, the Defendant received a summary order of KRW 5 million from the Busan District Court on September 24, 2008 due to a crime of violation of the Road Traffic Act, and a fine of KRW 4 million from the Changwon District Court on November 16, 2009 due to a crime of violation of the Road Traffic Act.

On December 31, 2014, at around 20:50, the Defendant driven a B low-speed vehicle with approximately 50 meters alcohol concentration of 0.192% while under the influence of alcohol on the road in front of the restaurant of “fright house” in the Kimhae-si, and from the road in the same Dong to the road.

Summary of Evidence

1. Defendant's legal statement;

1. A blood collection report from a drinking driver;

1. A alcohol appraisal report;

1. Application of Acts and subordinate statutes to criminal records and investigation reports (a copy of a summary order of the same kind of force);

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

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., Article 62 (1) of the Act on the Suspension of Execution; and

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