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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On September 14, 2009, the Defendant was sentenced to a summary order of KRW 1,50,000 to a fine of KRW 1,500,000 as a crime of violating the Road Traffic Act, and a summary order of KRW 1,50,000 as a fine for the same crime in the same court on June 4, 2012, and on September 6, 2012 by the same court, sentenced to imprisonment for six months and two years of suspended execution.

On May 1, 2016, at around 00:03, the Defendant driven a B-learning car under the influence of alcohol concentration of about 0.162% from the 10km section to the front road of the Green Hospital located in the same city from the mutual influorial restaurant at the 00:03 Kimhae-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Reports on the detection of suspected victims of violating the Traffic Act on the road and the statement in the circumstances of the drivers of primary driving;

1. Notification of the results of regulating driving of drinking alcohol (blood collection result);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report on investigation (prior convictions in the same case);

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The reasons for sentencing under Article 62-2 of the Criminal Act include: (a) the Defendant again committed the instant crime despite the fact that he/she was sentenced to a fine or a suspended sentence due to a violation of road traffic laws, such as the crime indicated in the judgment of the lower court; and (b) the fact that the amount of alcohol concentration in blood at the time of driving alcohol of this case is very high is the reasons for sentencing unfavorable to the Defendant.

However, the decision is made in consideration of the favorable reasons for sentencing, such as the defendant's mistake and the fact that the defendant does not drive drinking again, and other factors such as the age, sex, motive, means and consequence of the crime, the circumstances after the crime, etc., as stipulated in Article 51 of the Criminal Act.