A defendant shall be punished by imprisonment for not less than eight 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 April 21, 2008, the Defendant issued a summary order of KRW 700,000 as a fine for a crime of violating the Road Traffic Act at the Busan District Court, and a summary order of KRW 1.5 million as a fine in the same court on April 30, 2013.

On May 27, 2015, the Defendant driven D car sirens at approximately 50 meters from the Defendant’s house located in Busan Dong-gu, Busan, but from the Defendant’s house located in No. 716 to the front road, while under the influence of alcohol content 0.144% during blood transfusion.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting the circumstances of driving a drinking and inquiring about the results of regulating drinking driving;

1. Previous conviction: Application of a reply to inquiry, such as criminal history, and a copy of each summary order;

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

1. Selection of imprisonment with prison labor, taking into consideration the repeated crimes committed on July 8, 2015, by issuing a summary order of a fine of five million won for a crime of violating the Traffic Act on the road, in consideration of the fact that the punishment is repeated;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate the amount of punishment (see, e.g., confession of a defendant and the fact that a defendant has no record of committing an offense exceeding the fine);

1. Article 62 (1) of the Criminal Act on the suspension of execution (the above circumstances shall be considered);

1. Orders to observe protection and attend lectures and to prevent recidivism under Article 62-2 of the Criminal Act;