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

[Criminal Power] On April 21, 2011, the Defendant was sentenced to a fine of 2.5 million won for a violation of the Road Traffic Act at the Seoul Southern District Court, and was issued a summary order of 3.5 million won for the same crime at the Seoul Southern District Court on August 16, 2011.

【Criminal Facts】

On August 7, 2014, at around 03:45, the Defendant driven Category B Maz vehicles while under the influence of alcohol content of about 0.216% from the 4.5km section of Jongno-gu Seoul, Jongno-gu, Seoul to the exit in the direction of the independence of the 29 tunnels, from the front of the 16-3 Mamna road of Jongno-gu, Jongno-gu, Seoul to the resignation of Jongno-gu, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol concerning the examination of the accused by the prosecution;

1. C’s statement;

1. A traffic accident report;

1. The circumstantial statement of the employee;

1. Each photograph;

1. Investigation report (suspect investigation, time involved in the accident, and application of the Badmark);

1. Previous convictions in judgment: the application of criminal records and investigation reports (the same kind of previous convictions and confirmations);

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. Mitigation of discretionary work and consideration given to the circumstances under Articles 53 and 55 (1) 3 of the Criminal Act (including the cases where he/she repents wrongs and the fact that he/she has no criminal record of imprisonment without prison labor or heavier punishment);

1. Article 62 (1) of the Criminal Act (Taking into account the same circumstances as the above);

1. Social service order under Article 62-2 of the Criminal Act;