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 November 25, 2010, the Defendant was sentenced to a fine of two million won by a Busan District Court for a violation of the Road Traffic Act (driving). On April 26, 2013, the Defendant was prosecuted for a violation of the Road Traffic Act (driving) at the Busan District Court.

【Criminal Facts】

On May 20, 2013, at around 01:35, the Defendant driven a motor vehicle with blood alcohol content B at approximately 0.143% while under the influence of alcohol at approximately 3km from the 3km front of the lusium located in the Southern-gu Busan Metropolitan City (U.S.), in front of the lusium frequency.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiry the results of the drinking driving control;

1. Previous convictions indicated in judgment: The application of Acts and subordinate statutes to criminal records and investigation reports (attached to indictments);

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 201Da1548, Apr. 1, 201);

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

1. An order to attend a course is rendered for not less than Article 62-2 of the Criminal Act;