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

[criminal power] On October 13, 2006, the Defendant was sentenced to a fine of 2.5 million won for a violation of the Road Traffic Act (driving) at the Busan District Court. On October 25, 2006, the Defendant was sentenced to a fine of 1 million won for a violation of the Road Traffic Act (driving without a license) in the same court on October 25, 2006. On July 20, 2007, the same court was sentenced to a suspended sentence of 2 years for 8 months for a violation of the Road Traffic Act (Refusal of a measurement). On December 12, 2008, the same court was sentenced to a fine of 5 million won for a violation of the Road Traffic Act (driving without a license). On February 21, 2011, the same court was sentenced to a fine of 5 million won for a violation of the Road Traffic Act (driving without a license.

【Criminal Facts】

On January 23, 2015, at around 05:20, the Defendant driven a B tea while under the influence of alcohol with approximately 0.174% alcohol concentration from the 4km section of approximately 4km until the department store was in the same city-dong hot spring zone from the front road of the youth center located in the Busan Sodong-gu, Busan.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The written statement of the defendant;

1. Inquiry into the results of crackdown on drinking driving, report on the circumstantial statement of a drinking driver, request for appraisal of blood alcohol concentration, response to requests for appraisal, written appraisal of blood alcohol and report on the detection of a drinking driver;

1. Previous records: Application of inquiries, such as criminal records, and criminal investigation reports (report on the same type of criminal records and attachment of judgment);

1. Relevant Article of the Act concerning the facts constituting an offense and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following favorable circumstances):

1. Article 62 (1) of the Criminal Act (Concurrent Consideration for the following favorable circumstances):

1. In light of the fact that orders to attend lectures and orders to provide community service order Article 62-2 of the Criminal Act have been served several times as the same crime for sentencing, and that the instant crime was committed again, and that the blood alcohol concentration is very high at the time of drunk driving, etc., Defendant should be punished strictly.