A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Punishment of the crime

On November 28, 2008, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating road traffic law (drinking driving) in Gyeyang Branch of the Jung-gu District Court (Seoul District Court). On October 21, 2011, the Defendant was issued a summary order of KRW 2 million for the same crime in the same court. On June 19, 2015, the Defendant was issued a summary order of KRW 5 million for the same crime.

Criminal facts

On May 11, 2016, the Defendant driven approximately 50 meters from May 11, 2016, around Kimpo-dong, Kimpo-dong, Hyundai Fran-dong, to the underground parking lot of Hyundai Fran-dong shop, while under the influence of alcohol content 0.146% in blood without a vehicle driver’s license.

Summary of Evidence

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

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Involving the ledger of driver's licenses, vehicle registered inquiries, and mandatory insurance (A);

1. A report on investigation;

1. Previous convictions indicated in the judgment: (A) a reply to inquiry, such as criminal history, copy of the summary order (A), No. 2015 Highest 3922, Highest 201, Highest 9188, Highest 2008 Highest 2008 Highest 1989, and the application of the relevant Acts and subordinate statutes;

1. Article 148-2 (1) 1, Article 44 (1) (on-site driving) of the Road Traffic Act concerning the facts constituting an offense, and Articles 152 subparagraph 1, and 43 (on-site driving) of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount of punishment (limited to a large number of past records, but it has no record of criminal punishment exceeding fines, etc.);

1. Article 62 (1) of the Criminal Act (wholly considering the favorable circumstances) of the suspended execution;