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 March 15, 2007, the defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act in the Busan District Court's branch court's jurisdiction on March 15, 2007, and a fine of three million won for the same crime in the Busan District Court's July 28, 2009.

On March 4, 2014, at around 00:29, the Defendant driven B Mt Motor Vehicles over about about 4 km from 10:10 p.m. to 112 p.m. in Busan-dong-ro, Busan-dong, Busan-dong, Busan-dong, with the alcohol concentration of 0.270%.

As a result, the Defendant driven a motor vehicle under the influence of alcohol even though he had a record of punishment more than twice due to drinking.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Application of statutes to inquiries about criminal records, etc.;

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 in consideration of the same kind of choice of punishment and the degree of drinking;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (Taking into account the fact that there is no more penalty of suspension of qualifications or more);

1. Article 62 (1) of the Criminal Act;

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