A defendant shall be punished by imprisonment with prison labor for up to 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 June 10, 2013, the Defendant received a fine of KRW 1.5 million for a violation of the Road Traffic Act (driving) from the Changwon District Court’s branch on June 10, 2013, and a summary order of KRW 3 million for the same crime in the same court on April 11, 2016, respectively.

On August 21, 2016, at around 03:45, the Defendant driven a B-owned car with approximately 10km alcohol concentration of about 0.147% while under the influence of alcohol at the entrance of the yellow-water tunnel, located in the same city, Nam-gu, Nam-gu, Nam-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the control of drinking driving, statement on blood collection, statement on request for appraisal, statement on blood alcohol appraisal, and report on the detection of drinking drivers;

1. Previous convictions indicated in judgment: Application of criminal records and copies of each summary order;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 53 or 55 (1) 3);

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

1. An order to attend a course is rendered for not less than Article 62-2 of the Criminal Act;