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 March 19, 2009, the Defendant issued a summary order of a fine of three million won for a violation of the Road Traffic Act at the Jung-gu District Court on March 19, 2009, and on April 5, 2010, the Defendant was sentenced to a fine of four million won for a violation of the Road Traffic Act at the Jung-gu District Court on April 5, 201.

On October 17, 2012, at around 22:30, the Defendant driven a C-cab for business use at a factory in the c-5-meter 163 on the port side of both sides, while under the influence of alcohol with a blood alcohol content of 0.168%.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. Previous records of judgment: Application of references to criminal records, investigation reports (a copy of summary order and report accompanied by a copy of judgment) Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

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

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

1. The reason for sentencing of Article 62-2(1) of the Criminal Act and Article 59 of the Act on Probation, etc. [The reason for sentencing of the above Article 62-2(1) of the Act is that there was no past record of being subject to severe punishment for the same kind of crime (unfavorable circumstances] at the Government District Court on December 11, 2001, the defendant was sentenced to a suspended sentence of two years for a period of imprisonment for a violation of the Road Traffic Act and several previous crimes.