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 November 9, 2007, the Defendant received a summary order of 2.5 million won from the Busan District Court to a fine for a violation of the Road Traffic Act, a summary order of 6 October 2009 to a fine of 8 million won due to a violation of the Road Traffic Act (driving) and a fine of 5 million won from the same court on February 8, 2012 to a fine of 5 million won.

On January 16, 2015, at around 17:00, the Defendant driven a B B B-be cruise car under the influence of alcohol concentration of about 0.121% from the front of a cafeteria located in the Seocheon-gu Busan Metropolitan City Clock, to the front of the clock apartment located in the Seocheon-dong, Busan.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Report on the circumstances of driving under the influence of alcohol, report on the circumstances of driving under the influence of alcohol drivers, and inquiry into the results of crackdown on drinking;

1. Records before judgment: Criminal records, etc., inquiry reports, investigation reports, and application of each summary order statutes;

1. Relevant Article of the Act on Criminal facts 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. Although the Defendant had had a record of repeatedly committing the same kind of crime from around 2004 to around 2013 under Article 62-2 of the Criminal Act, the Defendant committed the instant crime only without deep reflect or weighting, and it cannot be said that the nature of the crime is heavy.

Provided, That the execution of imprisonment shall be suspended on the condition of probation, the order to attend a lecture and the order to provide community service in consideration of favorable circumstances, such as the absence of criminal records subject to punishment beyond fines.