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

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

On October 11, 2005, the defendant was issued a summary order of one million won by a fine for a violation of the Road Traffic Act at the Busan District Court on October 11, 2005. On May 4, 2006, the same court was sentenced to imprisonment for a violation of the Road Traffic Act (driving) and a violation of the Road Traffic Act (licensed Driving). On October 12, 2009, the court was issued a summary order of 1.5 million won as a fine for a violation of the Road Traffic Act (driving). On September 28, 201, the court was sentenced to a fine of 5 million won as a fine for a violation of the Road Traffic Act (driving) and a violation of the Road Traffic Act (licensed Driving).

Criminal facts

On May 23, 2015, at around 5:22, the Defendant driven B vehicles with blood alcohol concentration of 0.131% under the influence of alcohol at the section of approximately 500 meters from the front of the LGplus in the same Gu-dong LG Plus.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Report on the results of the crackdown on drinking driving and the circumstantial statement of a drinking driver;

1. Previous records: Application of inquiries, such as criminal records, and criminal records, and Acts and subordinate statutes;

1. Relevant Article of the Act concerning the facts constituting an offense and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following favorable circumstances):

1. Article 62 (1) of the Criminal Act on the suspended execution (see, e.g., the relatively short distance of driving, the fact that there is no special criminal power other than the same criminal power, the fact that there is a serious reflector, and the fact that social ties are obvious);

1. Order to attend lectures under Article 62-2 of the Criminal Act;