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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On November 24, 2006, the Defendant was sentenced to a summary order of KRW 2.5 million in the Busan District Court due to a violation of the Road Traffic Act (drinking driving), and a summary order of KRW 4 million in the same court due to the same crime, etc. on March 14, 2007. On August 12, 2008, the Defendant was sentenced to a suspended sentence of five months in the imprisonment with labor for the same crime, etc.

On October 9, 2015, at around 00:44, the Defendant driven a B-to-be car under the influence of alcohol content of about 500 meters from a mutual influoral parking lot in the building of the building located in the Chungcheongnam-si, Kimhae-si from around 500 meters to the front road of the W-to-si located in the same Dong, with alcohol content of 0.204%.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on the detection of any violation of traffic laws on roads, report on the circumstances of the driver of the driving school, and notification of the results of regulating the driving of drinking;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes concerning investigation reporting (Attachment to summary orders, etc.);

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The grounds for sentencing under Article 62-2 of the Criminal Act include: (a) the Defendant again commits the instant crime despite the fact that he/she was sentenced to a fine and a suspended sentence due to a violation of road traffic laws, as stated in the facts constituting the instant crime; and (b) the fact that the amount of alcohol content in the blood transfusion at the time of driving of the instant case is very high, etc. that are disadvantageous to the Defendant.

However, since August 12, 2008, there is no record of punishment for the defendant after his mistake, and the sentencing conditions stipulated in Article 51 of the Criminal Act, such as the age, sex, motive, means and consequence of the crime, etc. of the defendant.