A defendant shall be punished by imprisonment for six 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 March 9, 2007, the Defendant issued a summary order of a fine of KRW 500,000 to a fine for a violation of the Road Traffic Act at the Changwon District Court on March 9, 2007, and the same court on June 17, 2016, for a violation of the Road Traffic Act (driving).

On August 15, 2017, while under the influence of alcohol content 0.069% during blood transfusion around 21:05, the Defendant driven C Poter Cargo at the section of approximately 500 meters up to the front road of the window of Changwon-si in front of the new village bus terminal in the Changwon-si.

As a result, the Defendant was punished more than twice for a violation of the Road Traffic Act (drinking) but was under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the situation of the driver at the main place and report on the situation of the driver at the main place;

1. Notification of the results of regulating drinking driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and of a summary order, to two Acts and subordinate statutes;

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate the amount of punishment (see, e.g., Supreme Court Decision 2009Da14488, Apr. 1, 201; Supreme Court Decision 2009Da1248, Apr. 1, 201);

1. Article 62 (1) of the Criminal Act on the suspension of execution (the above-mentioned normal consideration);

1. An order to attend a course under Article 62-2 of the Criminal Act;