A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

On November 25, 2009, the Defendant was sentenced to 8 months of imprisonment with prison labor or 2 years of suspension of execution for a violation of the Road Traffic Act (Refusal of measurement), etc. at the Suwon District Court on October 14, 2010 and sentenced to 6 months of imprisonment with prison labor for a violation of the Road Traffic Act (Refusal of measurement of noise), etc. at the Suwon District Court on October 14, 201, and the said suspension of execution became invalidated and was released on September 30, 201, and the remaining term of imprisonment with prison labor was expired on December 11, 2011.

On July 26, 2007, the Defendant received a summary order of KRW 1,50,000,000 as a fine for a violation of the Road Traffic Act, and a summary order of KRW 4 million as a fine for a violation of the Road Traffic Act at the Suwon District Court on August 28, 2009.

On June 15, 2013, the Defendant, as a person who violated Article 44(1) of the Road Traffic Act twice or more, driven a DNA body-ray vehicle under the influence of alcohol with approximately 0.096% alcohol concentration at the section of approximately 1.5m from the water viewing parking lot located in the Suwon-si transfer-dong of Suwon-si, Suwon-si to the upper end of about 1.5m of the same Gu from the water viewing side to the upper end of approximately 1.5m of the same Gu.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Previous convictions: Application of Acts and subordinate statutes to criminal records, investigation reports (report on the confirmation of the date of release), investigation reports (report on the previous convictions and confirmation of the same period);

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 35 of the Criminal Act among repeated crimes;

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation include the fact that the defendant was sentenced to a punishment for the same kind of crime and constitutes a repeated crime, and the fact that the numerical value of blood alcohol concentration of this case is not high, etc., the punishment shall be determined as ordered in consideration of the matters prescribed in Article 51 of the Criminal Act;