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 became final and conclusive.

Punishment of the crime

On September 21, 2007, the defendant was sentenced to a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act at the Busan District Court on September 21, 2007, and on May 19, 2010, the defendant violated the provision on prohibition of driving under the influence of alcohol not less than twice under the Road Traffic Act, such as receiving a summary order of KRW 3 million as a fine for a violation of the Road Traffic Act (driving) from the Busan District Court's subsidiary branch.

On September 17, 2016, at around 01:35, the Defendant driven a 1km BN car from the Busan Jindong-dong, Busan, to the global recreation road in the same location, under the influence of alcohol content of 0.146%.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Inquiry reports, such as criminal records, and the application of Acts and subordinate statutes;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act applicable to the facts constituting the crime;

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that there is no previous conviction exceeding a fine, the fact that the crime is recognized and the fact that the mistake is divided in depth);