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 January 31, 2011, the Defendant was sentenced to a summary order of a fine of one million won at the Changwon District Court for a violation of the Road Traffic Act (driving). On September 2, 2015, the Defendant was prosecuted for a violation of the Road Traffic Act (driving) at the Changwon District Court.

On August 30, 2015, the Defendant followed the Elderly Welfare Center for the Aged located in the Kimhae-si, Kimhae-si, and driven B car with a blood alcohol content of about 0.144% from around 200 meters to the front road of the oil station in the city of Kimhae-si, while driving the B car with a alcohol content of about 0.14%.

Summary of Evidence

1. Defendant's legal statement;

1. Reporting on self-driving of a person suspected of violating the Road Traffic Act, reporting on the state of his/her vehicle driving, reporting on the results of the control of drinking driving, and reporting on the results of the control of drinking driving;

1. Previous convictions indicated in the judgment: Criminal history records, references (A), reports on the results of confirmation of the previous disposition, and application of Acts and subordinate statutes to investigation reports (attached to a summary order of the same kind of power);

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. Article 53 or 55 (1) 3 of the Criminal Act (The following extenuating circumstances shall be considered for the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. In addition to the charges of violation of the Road Traffic Act (a fine of five million won on September 2, 2015, which was sentenced to a summary indictment), the Defendant committed the instant crime again despite the fact that he/she had been sentenced to a fine on three occasions for the same kind of crime, and the fact that the blood alcohol concentration level at the time of driving of the instant case is high, etc. are disadvantageous to the Defendant.

However, the criminal law, such as the defendant's age, character and behavior, motive, means and consequence of the crime, the circumstances after the crime, etc., is divided and reflected by the defendant.