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 of the final judgment.

Punishment of the crime

On August 25, 2008, the Defendant was issued a summary order of KRW 2.5 million with a fine for a violation of the Road Traffic Act, and a summary order of KRW 3 million with the same court on September 1, 2011 with the same crime.

On August 9, 2014, the Defendant, as a person who violated Article 44(1) of the Road Traffic Act two or more times, driven a FSM5 vehicle under the influence of alcohol by 0.245% in a section of approximately 100 meters from the after part of the Cmate in the city of Speaker-si B to the front day of the “E” located in Speaker-si D.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of a drinking driver, the blood alcohol appraisal statement and the report on detection of a drinking driver;

1. Previous records of judgment: Application of Acts and subordinate statutes, such as inquiry reports on crimes, investigation reports (Attachment to previous records and copies of written judgments);

1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, and the choice of imprisonment;

1. Mitigation of discretionary work and mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., the fact that the defendant shows his/her attitude to repent in depth with his/her mistake and that he/she has no record of punishment exceeding a fine);

1. Article 62 (1) of the Criminal Act on the suspension of execution (Discretionary grounds for discretionary mitigation);

1. Article 62-2 of the Criminal Act to provide community service or attend lectures;