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

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On December 15, 2008, the Defendant received a summary order of a fine of one million won or more due to a violation of road traffic law (drinking) from the Busan District Court branch on December 15, 2008, and on March 20, 2009, the same court received a summary order of a fine of three million won or more due to a violation of road traffic law (drinking) in the same court.

The Defendant, as seen above, driven a B-ho vehicle on the five-meter section of around January 5, 2017, at around 00:03 at around 00:03, while under the influence of alcohol with a maximum alcohol content of 0.129% during blood, Gangnam-gu, Seoul, and operated the B-ho vehicle within approximately 5 meters from the station public parking lot to the front day of the departure stop of the said parking lot.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. C’s statement;

1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;

1. On-site photographs;

1. Application of a reply to inquiry, such as criminal history, report on investigation (the previous confirmation), and copy of each summary order to the Acts and subordinate statutes;

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for Reduction of Small Quantity (see, e.g., Supreme Court Decision 53 and Article 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 200

1. Article 62 (1) of the Criminal Act (the same shall apply to the grounds for mitigation of the amount of punishment);