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

On July 28, 2006, the Defendant was sentenced to a summary order of 2.5 million won by a fine for a violation of the Road Traffic Act at the Changwon District Court on July 28, 2006. On November 15, 2007, the Defendant was sentenced to a suspended sentence of two years by imprisonment for a violation of the Road Traffic Act at the Changwon District Court on November 15, 2007.

Although the Defendant had had a record of drinking twice or more as above, on August 3, 2014, at around 14:53, the Defendant driven a B observer car under the influence of alcohol concentration of approximately 0.185% at the road at the entrance of the tunnel, where the Defendant was under the influence of alcohol level at approximately 1km from the front of the restaurant where it is impossible to know the name located in the sub-dong in the sub-dong of Busan Metropolitan City, Yangyang-si, Busan Metropolitan City.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. Criminal records: Application of Acts and subordinate statutes to criminal records, investigation reports (verification of criminal records of driving sound and append copies of written judgments);

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 for discretionary mitigation (see, e.g., Supreme Court Decision 201Do354, Apr. 1,

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);

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