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 5, 2011, the Defendant received a fine of two million won for a violation of the Road Traffic Act (driving) at the Busan District Court on April 5, 201, and on April 28, 2011, received a fine of two million won or more for a violation of the Road Traffic Act (driving) at the Busan District Court on April 28, 201.

Nevertheless, at around 05:20 on August 9, 2016, the Defendant driven a car in B T-gu from the Moel parking lot where it is difficult to find out the trade name located in the early East-dong of Busan, while under the influence of alcohol at 0.151% of blood alcohol level.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Response to the request for appraisal;

1. Records of judgment: Application of criminal records, etc. and other Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 2007Da1548, Apr. 2, 2007)

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;