A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of a sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On September 8, 2006, the Defendant received a summary order of KRW 4 million from the Ulsan District Court to a fine of KRW 4 million due to a violation of the Road Traffic Act (drinking driving), and on February 22, 2012, a fine of KRW 3 million due to a violation of the Road Traffic Act (dacting driving) at the Busan District Court.

On October 13, 2016, the Defendant, at around 02:29, driven a vehicle under the influence of alcohol, even though he/she violated Article 44(1) of the Road Traffic Act on at least two occasions, at a section of approximately 0.095% alcohol level among blood alcohol level, from the public parking lot in Ulsan-dong, 388-1 to the front of the Saemaul Undong branch in Ulsan-gu, Ulsan-dong, Ulsan-do, to the 1.5 kilometers of the Saemaul Undong-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Application of a reply to inquiry, such as criminal history, report on investigation (referring to the same type of force and review of applicable laws and regulations);

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., Supreme Court Decision 62 (1));

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