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 9, 2014, the Defendant was issued a fine of KRW 1.5 million for a violation of road traffic laws (drinking driving) at the Changwon District Court's Jinju branch on January 9, 201, and on November 6, 2015, at the Busan District Court issued a fine of KRW 5 million for a violation of road traffic laws (drinking driving).

On August 12, 2017, the Defendant driven a car with approximately 200 meters of alcohol level 0.145% from the Southern Park parking lot located in Seo-gu Busan, Seo-gu to the entrance road at the port of the village of the Republic of Korea located in 210-4 of the same Gu, while under the influence of alcohol level 0.145% during blood transfusion around 22:48.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Previous convictions in judgment: Application of inquiry statements, investigation reporting statutes, such as criminal 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 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The Defendant, for the reason of sentencing under Article 62-2 of the Criminal Act, was punished twice by a fine due to drinking alcohol driving, again, was sentenced to imprisonment with prison labor as it is difficult to achieve the purpose of punishment. In addition, considering the Defendant’s attitude to reflect on the Defendant’s age, sexual behavior, environment, motive, means and consequence of the crime, etc., the execution of sentence shall be suspended only once, taking into account various sentencing conditions as indicated in the instant argument, such as the Defendant’s age, sexual behavior, environment, motive and consequence of the crime, etc.