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

Punishment of the crime

On March 30, 2011, the Defendant was issued a summary order of KRW 2.5 million for a violation of the Road Traffic Act at the Suwon District Court’s Pyeongtaek site, and on November 28, 2012, the Defendant was sentenced to a suspended sentence of two years for a year in imprisonment with labor for a violation of the Road Traffic Act at the Suwon District Court’s Pyeongtaek site level.

On May 10, 2014, at around 09:20, the Defendant driven a Category C motor vehicle under the influence of alcohol with approximately 4km alcohol concentration of about 0.142% from the front of the “Gangnam-do” road in the direction of the Gannam-si to the front road of the new intersection located in the new intersection in the Sinyang-si.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and the results of the control of drinking driving;

1. Previous records: Application of inquiry reports on criminal records, etc. and investigation reports (Attachment of judgment)-related Acts and subordinate statutes;

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

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation lies in the fact that the defendant recognized the facts charged in the instant case and took an attitude of reflecting his/her mistake, etc. In addition, on November 28, 2012, there were two years of suspended sentence for one year of imprisonment due to the crime of violation of the Road Traffic Act in the Suwon District Court's Eunpyeong Housing Site, etc. on the following grounds: (a) probation order; (b) probation order; (c) community service order for 80 hours and the order to attend a law for 40 hours; and (d) the defendant committed each of the instant crimes during the grace period without being sentenced to both the orders to attend a law and committed each of the instant crimes during the pertinent grace period.

Other circumstances shown in the records, such as the defendant's age, character and conduct, family environment, etc., shall be determined as per the disposition.