Text
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.
Reasons
Criminal facts
On March 19, 2012, the Defendant received a summary order of a fine of one million won or more for a crime of violating the Road Traffic Act at the Changwon District Court on March 19, 2012, and a summary order of one million won or more for the same crime from the Changwon District Court Msan Branch on January 2, 2014.
On February 27, 2016, at around 14:59, the Defendant driven BMW car with approximately 200 meters alcohol concentration at approximately 0.108% alcohol level from the Southern Park in Seo-gu, Busan to the entrance of the village in the same Dong.
Summary of Evidence
1. Statement by the defendant in court;
1. Inquiries about the results of crackdown on drinking driving;
1. Application of Acts and subordinate statutes to inquiries about criminal history and report on investigation (Attachment to a summary order of the same kind of power);
1. Article 148-2 (1) 1 and Article 44-2 (1) of the Road Traffic Act concerning facts constituting an offense;
1. Selection of imprisonment with prison labor chosen;
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 suspension of execution (see, e.g., Supreme Court Decisions 201Do141, Apr. 1, 201
1. An order to attend a course under Article 62-2 of the Criminal Act;