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 November 7, 2008, the Defendant was sentenced to a fine of KRW 3 million for a violation of the Road Traffic Act (driving) at the Daejeon District Court on November 7, 2008 and a fine of KRW 2.5 million for the same crime at the same court on March 14, 2011.

On October 14, 2013, around 21:37, the Defendant driven a CM5 vehicle under the influence of alcohol with a blood alcohol concentration of 0.127% at a section of about 50 meters from the Do near the cafeteria of the Han field-dong, Jung-gu, Daejeon to the front of the same Gu Do, the “Yeongk-dong” restaurant.

Summary of Evidence

1. Defendant's legal statement;

1. Application of statutes by inquiry, such as inquiry into the results of crackdown on drinking driving, the register of driver's licenses, and criminal records;

1. Relevant Article 148-2 (1) 1 of the Road Traffic Act and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of sound driving) subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of a sentence of imprisonment with prison labor (five times before the previous conviction of the same kind of fine);

1. Article 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation.

1. Article 62 (1) of the Criminal Act (no criminal record of imprisonment without prison labor or any heavier punishment);

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