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 May 9, 2007, the defendant was sentenced to a fine of 1.5 million won for a violation of the Road Traffic Act in the Gwangju District Court's net support on May 9, 2007. On May 27, 2009, the defendant was sentenced to imprisonment for 6 months and suspended execution for a violation of the Road Traffic Act.

Criminal facts

around 00:30 on November 12, 2012, the Defendant, who had driven two or more times, driven a B liquid car with a blood alcohol concentration of about 0.154% in the section of about 1km from the front of the hot spring dong-dong, Busan to the front of the same Mandip 2 tunnel.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiry into the result of the crackdown on drinking driving;

1. Statement on the circumstantial statement of the employee;

1. Previous for judgment: Application of inquiries such as criminal records, etc. and investigation reports (a copy of summary order, a copy of recorded mail report) 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. In light of the fact that there was a record of two times punishment for the same kind of punishment for sentencing under Article 62-2 of the Criminal Act, the fact that the blood alcohol content of the instant crime was not lower than that of the Defendant, the Defendant’s mistake is against the Defendant’s depth, and all other circumstances that are conditions for sentencing, such as the Defendant’s age, character and conduct, environment, etc.