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 June 28, 2010, the Defendant received a summary order of KRW 2 million as a fine for a violation of the Road Traffic Act from the Gunsan Branch of the Jeonju District Court, and on February 21, 2011, the same court issued a summary order of KRW 4 million as a fine for a violation of the Road Traffic Act.

On May 30, 2014, at around 23:23:23, the Defendant driven B Mit car with approximately 500 meters alcohol concentration 0.163% under the influence of alcohol on the section of approximately 500 meters from the front day of the Kyang-dong Foreign Exchange Bank to the front day of the same Sinyang-dong Busan Elementary School.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiry about the results of the control of drinking driving;

1. The circumstantial statement of the employee;

1. Records before judgment: Application of criminal records, repeated statements, and copies of each summary order;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 12 years prior to the lapse of 12 years, including the fact that a person has been sentenced to a suspended sentence of imprisonment due to a sound driving, etc.; the details and frequency of the punishment of the same kind of crime; the fact that there are other family members to provide support;

1. Article 62 (1) of the Criminal Act on the suspension of execution (Consideration into consideration in discretionary mitigation);

1. Article 62-2 (1) and (2) of the Criminal Act on Probation;

1. Article 62-2 (1) of the Criminal Act, the main sentence of Article 59 (1) of the Act on Probation, etc.;

1. Article 62-2 (1) of the Criminal Act, the main sentence of Article 59 (1) of the Act on Probation, etc.;