A defendant shall be punished by imprisonment for one year.

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 January 10, 2003, the Defendant received a summary order of KRW 2 million due to a violation of the Road Traffic Act (drinking driving), etc. from the Busan District Court, on May 27, 2005, the Defendant received a summary order of KRW 2 million due to a violation of the Road Traffic Act (drinking driving), and on July 19, 2007, the same court was sentenced to a suspended sentence of KRW 10 million due to a violation of the Road Traffic Act (drinking driving). On November 7, 2012, the Defendant received a summary order of KRW 5 million due to a violation of the Road Traffic Act (drinking driving) from the same court.

On September 5, 2015, the Defendant driven B benz car at approximately 5km from the front of a mutually influent restaurant located in Busan-gu Busan-dong to the entrance of the parking lot for the fluorg apartment located in Busan-gu, Busan-do, while under the influence of alcohol level of 0.148% among blood transfusion around 01:19.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. Previous convictions: Inquiries about criminal history and application of Acts and subordinate statutes to investigation reports (Attachment to the same type of judgment, etc.);

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

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. In light of the following circumstances for sentencing under Article 62-2 of the Criminal Act, and other various sentencing conditions as stated in Article 51 of the Criminal Act, such as the Defendant’s age, sex, environment, background leading up to the Defendant to the instant crime, and the circumstances before and after the instant crime, etc., the execution of the sentence shall be suspended only once more than that of the Defendant’s imprisonment with prison labor for a prolonged period, but it is deemed reasonable to order the Defendant to attend a community service and compliance driving lecture for a certain period of time. Thus, the sentence shall be determined as ordered.

Unfavorable circumstances: the defendant.