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 July 30, 2010, the Defendant received a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act, and KRW 4 million as a fine for the same crime from the Chungcheong District Court’s Chungcheong Branch on March 4, 2015.

On March 7, 2015, at around 00:50, the Defendant driven a BYF rocketing car under the influence of alcohol concentration of about 0.193% in the section of approximately 3km from the front of the 3km-ro 692-ro Myeonn-ro Myeonn-dong to the front road of the 692-ro Myeonndong-ro “Sari Industrial Oil Co., Ltd.”).

Accordingly, the defendant was punished for a violation of the Road Traffic Act at least twice, and driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Report on the circumstantial statements of a drinking driver and report on the control of drinking driving;

1. Application of Acts and subordinate statutes concerning criminal records and investigation reports;

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 (including the fact that a person commits a crime and has no criminal record exceeding the fine, etc.);

1. Probation, order to attend lectures or order to provide community service under Article 62-2 of the Criminal Act;