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 April 14, 2008, the Defendant was sentenced to a fine of two million won for the crime of violation of the Road Traffic Act at the District Court of Jung-gu on April 14, 2008, and imprisonment of eight months with prison labor and two years with prison labor for the same crime at the same court on February 9, 2011.

On March 22, 2014, the Defendant, as a person who violated Article 44(1) of the Road Traffic Act two or more times, driven a B B B B B-L motor vehicle from the street in front of the Songcheon-si Haak-si, Songcheon-si to the street in the Eup/Myeon, under the influence of alcohol concentration of 0.121%, at around 21:39 on March 22, 2014, with the influence of alcohol concentration of 0.121%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, the report on the situation of drinking driving, and the statement of the situation;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (report attached to judgments), application of statutes governing judgment;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 2006Da15488, Apr. 21, 2008)

1. Article 62 (1) of the Criminal Act on the suspension of execution (Discretionary grounds for discretionary mitigation);

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