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

[criminal history] On December 12, 2011, the Defendant was notified by the Changwon District Court of the summary order of a fine of KRW 1.5 million and a fine of KRW 2 million for the same crime in the same court on August 29, 2017.

[ 범죄사실] 피고 인은 위와 같이 2회 이상의 음주 운전 전력이 있는 사람으로서, 2018. 8. 12. 03:00 경 부산 부산진구 당감동 소재 ‘ 남해 쭈꾸미와 장어 구이 ’에서부터 같은 동 백양 푸른 채 아파트 앞 도로에 이르기까지 약 1.5km 의 구간에서 혈 중 알코올 농도 0.112% 의 술에 취한 상태로 B 그랜저 승용차를 운전하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. A traffic accident report;

1. An accident scene photograph;

1. Notification of the results of regulating drinking driving;

1. Previous conviction: Application of a written inquiry and a written summary order, 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. Article 53 and Article 55(1)3 of the Criminal Act for Reduction of Small Quantity (see, e.g., Supreme Court Decision 2009Da14488, Apr. 1, 201);

1. Article 62 (1) of the Criminal Act on the suspension of execution (the aforementioned normal consideration);

1. Article 62-2 (1) of the Criminal Act and Article 59 of the Act on the Observation, etc. of Protection, etc. of Community Service Orders and Orders to attend lectures;