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 May 15, 2013, the Defendant issued, at the Busan District Court, a summary order of KRW 3,50,000,000 for a fine due to a crime of violating the Road Traffic Act, and at the same court on January 26, 2015, a summary order of KRW 4 million for a crime of violating the Road Traffic Act.

On June 6, 2017, the Defendant, while under the influence of alcohol content of 0.149% during blood transfusions, driven Bone Star car from approximately 10 meters to the front parking lot of the same hospital in front of the parking lot in the hospital located in the Dong in Busan-gu, Busan-do.

Therefore, even though the Defendant violated two times or more due to drinking, the Defendant was driving a motor vehicle under the influence of alcohol as above.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking 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 reason for sentencing under Article 62-2 of the Criminal Act on the grounds of the order to provide community service and attend lectures is that the Defendant again went to commit the instant crime even though he/she was punished twice due to drinking driving, and thus, he/she has been sentenced to imprisonment because it is difficult to achieve the purpose of punishment. In addition, considering the fact that the Defendant appears to reflect his/her attitude, the execution of the sentence shall be suspended at once, taking into account the Defendant’s age, sex, environment, motive, means and consequence of the instant crime, and the circumstances after the crime.