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.

Criminal facts

On September 4, 2009, the Defendant was sentenced by the Changwon District Court to a fine of 2 million won for a crime of violating the Road Traffic Act, for eight months of imprisonment and suspension of execution, two years of imprisonment, and November 4, 2013 at the same court.

On July 28, 2016, at around 22:05, the Defendant driven BT XG vehicles under the influence of alcohol content of approximately 0.091% in the section of approximately 700 meters from the girritha to the front road of the Jinhae-si, Changwon-si, Changwon-si, Seoul Special Metropolitan City.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Application of statutes concerning criminal records;

1. Relevant Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime;

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. In full view of the reasons for sentencing under Article 62-2 of the Criminal Act, the sentence identical to the order was determined by comprehensively taking into account the following: (a) the details and distance of drinking alcohol driving; (b) the degree of drinking alcohol; and