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

On January 13, 2009, the Defendant was sentenced to a summary order of one million won of a fine for a violation of the Road Traffic Act in the Changwon District Court’s Tong-gu branch on January 13, 2009, and on June 3, 2009, the Defendant was sentenced to a suspended sentence of two years in imprisonment for a violation of the Road Traffic Act.

On August 9, 2014, at around 02:50, the Defendant driven the B 3 truck owned by the company under the influence of alcohol content of approximately 0.110% from approximately 83km away from the front road of the mutual unclaimed parking lot located at the lower end of the Busan Sin-gu, Busan, to the front road of the Sinnam-gun, Gosung-gun, other than the Sinnam-gun, Gosung-gun, Gyeongnam-gun, Seoul, to the 213-1.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. Previous records: Application of inquiries and replies to inquiries, such as criminal records;

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 (see, e.g., Supreme Court Decision 201Do139, Apr. 1,

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);

1. Article 62-2 of the Criminal Act on Probation and Order to Attend Courses;