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 April 13, 201, the Defendant was issued a summary order of KRW 3.5 million for a violation of the Road Traffic Act (driving) in the credit branch of Suwon District Court on April 13, 201, and a summary order of KRW 1 million for the same crime in the same court on September 5, 2014, respectively.

On October 2, 2014, at around 00:25, the Defendant, while under the influence of alcohol of 0.098% (from August 4, 2014 to 80 days) with the suspension of a car driving license, driven a B car at the 30-meter section from the front of the convenience store in 34.098% in e.g., Songcheon-si, Songcheon-si to the front road of the transmitting real estate located in the same Dong.

Summary of Evidence

1. Defendant's legal statement;

1. Written opinion, report on the circumstances of driving under the influence of alcohol, and inquiry into the results of crackdown on drinking driving;

1. A driver's license inquiry;

1. Previous convictions indicated in judgment: The application of Acts and subordinate statutes to criminal records and investigation reports (prior to and after disposition and report on results of confirmation);

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of driving sound), subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act (the point of driving without a license);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

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. The reason for sentencing under Article 62-2 of the Criminal Act is that an order to provide community service and attend lectures can have a record of drinking alcohol driving. Among them, one of them has had a record of causing others to commit the crime of this case, which again leads to the crime of this case, disadvantageous to the defendant.

Provided, That the decision shall be made as per Disposition in consideration of the fact that the defendant makes a confession and reflects the crime, and there is no same criminal record as the suspension of execution or more.