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

On November 4, 2002, the Defendant was sentenced to a suspended sentence of 3 million won for a violation of the Road Traffic Act (driving) due to a violation of the Road Traffic Act, etc. at the Changwon District Court’s branch on January 6, 2005, and a fine of 2.5 million won for a violation of the Road Traffic Act (driving) at the Changwon District Court’s branch on January 6, 2005. On April 3, 2008, the Defendant was sentenced to a suspended sentence of 10 months for a violation of the Road Traffic Act (driving) from the Changwon District Court’s branch branch on April 3, 2008.

At around 20:40 on May 10, 2015, the Defendant driven Cpoter II cargo with approximately 500 meters away from May 10, 2015 to the inn part of the lower part of the earth located in the same city-free dong, through a cpoter, while under the influence of alcohol content of about 0.202%.

Summary of Evidence

1. Defendant's legal statement;

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

1. Previous records of judgment: Application of inquiry reports on criminal records, investigation reports (referring to filing of the same type of criminal records and the summary orders, and filing of the same type of criminal records and the written judgments);

1. Relevant Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

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

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

1. In full view of the reasons for sentencing under Article 62-2 of the Criminal Act and other conditions of sentencing as indicated in the records and arguments of this case, including the defendant’s age, character and conduct, environment, motive for committing the crime, circumstances after committing the crime, etc., the sentence shall be determined as ordered.

The favorable circumstances: The fact that one's mistake is pened and reflected, and that he/she is expected not to drive under the influence of alcohol in the future, etc.; the fact that there is a history of punishment for a drinking driving, etc.