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 this judgment becomes final and conclusive.

Punishment of the crime

On September 10, 2007, the Defendant issued a summary order of one million won or more for a violation of the Road Traffic Act at the Ulsan District Court on September 10, 2007; on November 10, 2008, a summary order of two million won or more for the same crime at the Changwon District Court on November 10, 2008; on February 18, 2009, a person who violated Article 44 (1) of the Road Traffic Act after being sentenced to two years of imprisonment for the same crime at the Ulsan District Court on February 18, 2009.

On June 18, 2013, at around 23:30, the Defendant driven Cone Star Motor Vehicle in the section of approximately 6-7km from the restaurant parking lot of East Sea-gu to the front road of the nuclear fuel station in the same city in the same city, while under the influence of alcohol of 0.123% of blood alcohol level.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and notification of the result of crackdown on drinking driving;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (limited to the same type of criminal records, summary orders, and copies of judgment);

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. The grounds for sentencing under Article 62-2(1) of the Criminal Act on probation and community service order are as follows: (a) Defendant, who has been punished several times due to drunk driving since 2007 (one time a suspended sentence of imprisonment, and two times a fine) does not repeatedly be subject to the liability for such crime; (b) however, considering the fact that Defendant’s mistake is recognized and contradictory; and (c) the fact that Defendant does not cause traffic accidents due to the instant driving; and (d) other circumstances that are conditions for sentencing, such as Defendant’s character, conduct, and environment, the punishment is determined as ordered, taking into account

In addition, probation and probation in order to encourage the eradication of drinking driving.