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 January 21, 2009, the Defendant was sentenced to the punishment of 8 months of imprisonment and 2 years of suspended execution for the violation of the Road Traffic Act at the Suwon District Court on January 21, 2009. On May 20, 2009, the Defendant was sentenced to the punishment of 4 months of imprisonment for the violation of the Road Traffic Act.

On September 1, 2015, at around 01:15, the Defendant driven a CAridi vehicle with a blood alcohol concentration of about 0.104% in a section of about 30km from the front of a cafeteria located in the Seowon-gun, Seowon-gun, Gangwon-do to the front exclusive road.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. On-going driving reports, survey report on actual condition, and inquiry report on the control of drinking driving;

1. Previous convictions: Application of criminal records and investigation reports and 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act (limited to a suspended sentence of the same kind, taking into account the fact that there has been no criminal records of the same kind since 2009, the fact that a vehicle will not be driven under the influence of alcohol again by transferring it, etc.);

1. Social service order under Article 62-2 of the Criminal Act;