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 April 26, 2007, the Defendant was issued a summary order of KRW 2.5 million with a fine of KRW 2.5 million due to a violation of the Road Traffic Act (driving) in the Changwon District Court’s branch court on April 26, 2007. On August 3, 2011, the Defendant was issued a summary order of KRW 3.5 million with a fine of KRW 3.5 million with a penalty of violation of the Road Traffic Act

On October 22, 2015, the Defendant, while under the influence of alcohol on 0.134% of the blood alcohol concentration at around 22:07, driven the Defendant’s C Lastren vehicle at a distance of about 2 km from the front day of the alcohol house in Busan Dong-dong to the front day of the Hawn-dong, where the trade name in Busan Dong-dong cannot be known.

As a result, the Defendant violated the prohibition of drinking driving regulations twice, and was driven under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of driving under the influence of alcohol, and inquiry into the results of the control of drinking driving;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports ( sound records and confirmation) and Acts and subordinate statutes;

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

1. Selection of imprisonment with prison labor repeatedly for the same kind of crime;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., reflectiveness of the accused and the fact that there is no excessive criminal record of the fine for the same kind of crime);

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

1. Order to attend lectures under Article 62-2 of the Criminal Act;