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 April 8, 2013, the Defendant was sentenced to a fine of 3.5 million won for the crime of violation of the Road Traffic Act at the Busan District Court on April 8, 2013, and on April 14, 2010, the same court was sentenced to a fine of 1 million won for the same crime.

Although the Defendant had been punished for the crime of violation of the Road Traffic Act over two occasions, around November 30, 2014, at around 23:50 on November 30, 2014, the Defendant driven BM5 car under the influence of alcohol with approximately 0.212% of alcohol concentration in the section of about 300 meters from the roads near the Gidong located in the Seogdong located in Busan Northern-dong to the roads adjacent to the Giho Village Gidong located in the Geumdong-gu, Busan.

Summary of Evidence

1. Defendant's legal statement;

1. Report on request for appraisal, investigation report (the result of appraisal of the blood alcohol concentration), and report on detection of the main driver (the result of blood collection);

1. Previous records of judgment: Application of criminal records, reply reports, investigation reports, and Acts and subordinate statutes;

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

1. Selection of imprisonment in consideration of the same kind of crime, the degree of drinking, etc.;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (including the fact that there is no criminal conviction exceeding the fine imposed on the accused, and the fact that there is no criminal conviction other than the previous conviction in the judgment);

1. Article 62 (1) of the Criminal Act on the suspension of execution;

1. Order to attend lectures under Article 62-2 of the Criminal Act;