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 October 2, 2006, the Defendant was sentenced to a summary order of KRW 3 million by a fine for a violation of the Road Traffic Act at the Busan District Court on October 2, 2006. On January 31, 2007, the Defendant was sentenced to a fine of KRW 5 million by a fine at the Busan District Court on January 31, 2007.

On May 27, 2014, at around 20:25, the Defendant driven a B-purd motor vehicle with blood alcohol content of about 100 meters from the front road of the modern apartment in the Dandong-gu, Busan to the front road of the Dau-gu apartment in the same Dong from around 100 meters to the front road of the Dau-gu apartment in the same Dong.

Accordingly, the defendant, who violated the prohibition of drinking driving more than twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. Application of statutes to inquiries about criminal records, etc.;

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

1. Selection of imprisonment with prison labor in consideration of selective drinking, taking into account the same punishment power, etc.;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (Taking into account the fact that there is no more penalty of suspension of qualifications or more);

1. Article 62 (1) of the Criminal Act;

1. Order to attend lectures under Article 62-2 of the Criminal Act;