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.

Criminal facts

On February 22, 2012, the Defendant was sentenced to a suspended sentence of 4 months by imprisonment with labor for a violation of the Road Traffic Act at the Busan District Court on February 2, 201, and on January 28, 201, 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 same court on January 28, 201, and has a total of 4 times of punishment due to a drunk driving.

Criminal facts

Although the Defendant was punished twice or more due to drunk driving, on July 19, 2015, at around 01:25, the Defendant driven a car owned by the Defendant, as the Defendant was under the influence of alcohol at approximately 0.148% of blood alcohol concentration in the five meters away from the roads adjacent to the Jinininindo apartment located in the Asia-si-si.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Statement of the circumstances and report on the detection of such a driver;

1. On-site photographs;

1. Previous convictions in judgment: References to criminal records, investigation reports (judgments and summary orders) and the application of statutes;

1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, and the choice of imprisonment with prison labor;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The sentencing conditions of Article 51 of the Criminal Act, such as the Defendant’s blood alcohol concentration, degree and distance of alcohol level, traffic accident control details, traffic accident control records, the Defendant’s age, character and conduct, environment, and circumstances after the crime, etc. for the reasons of sentencing under Article 62-2 of the Criminal Act, are equally considered and the sentence against the Defendant is determined and the order to provide community service and attend lectures is added following reflect and reflect.