A defendant shall be punished by imprisonment for not less than eight 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

[criminal power] On June 23, 2009, the Defendant received a summary order of KRW 1,50,000 from the Jeonju District Court to a fine of KRW 1,50,000 for a violation of the Road Traffic Act, and a summary order of KRW 1,50,000 for a fine by the same court on October 14, 209 for a violation of the Road Traffic Act.

【Criminal Facts】

On June 15, 2014, the Defendant was under the influence of alcohol of 0.102% of blood alcohol concentration at around 21:20, the Defendant driven a motor vehicle of 150 meters from the front of a water-only restaurant located in the Western-gu, Seog-gu, Seog-gu, Yan-si to the front day of the 150m section.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. The circumstantial statement of the employee;

1. Previous records: Application of inquiries, such as criminal records, and investigation reports (a summary order issued on the same attached power unit) Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation ( normal consideration in favor of the accused among the reasons for sentencing below);

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

1. The reason for sentencing under Article 62-2 of the Criminal Act, despite the fact that the defendant had been already punished four times due to drunk driving, is deemed to have committed the crime of this case. However, the circumstances and the nature of the crime of this case may not be denied when considering the fact that the defendant led to the crime of this case, the defendant does not have any criminal records exceeding the fine due to the same crime, the defendant does not have any criminal records due to the same crime, and the distance of the defendant moved to drinking driving is relatively short, the sentence like the order shall be determined by taking into account the sentencing data in this case.