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 of the final judgment.

Punishment of the crime

[Criminal Power] On March 19, 2008, the Defendant was sentenced to a suspended sentence of ten months for a violation of the Road Traffic Act (driving) at the Changwon District Court’s branch on March 19, 2008. On November 3, 2009, the Defendant was sentenced to a summary order of 1.5 million won for a crime of violation of the Road Traffic Act (driving) at the Changwon District Court’s branch court’s branch court.

【Criminal Facts】

On September 17, 2015, the Defendant, who violated the Road Traffic Act more than twice, was driving Cenz motor vehicles in approximately 2 km from the area near the mother-dong located in the Tong-dong in the Tong-gu in the Dong-dong in the same city, to the area near the Dong-dong in the same city, while under the influence of alcohol by 0.123% of the blood alcohol concentration on September 17, 2015.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the result of crackdown on drinking driving;

1. Previous convictions: Application of criminal records, written judgments, and copies of summary orders under respective 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. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Da1548, Apr. 1, 201);

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., Article 62 (1) of the Criminal Act (see, e., Supreme Court Decision 2010Do1110

1. It is decided as ordered for the reason of Article 62-2 or more of the Criminal Act of the Order to attend lectures and the community service order;