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 January 2, 2008, the Defendant was sentenced to a summary order of one million won by a fine for a violation of the Road Traffic Act at the Incheon District Court on January 2, 2008, and on June 4, 2010, the Defendant was sentenced to a suspended sentence of two years by imprisonment for a violation of the Road Traffic Act (driving) at the Ansan District Court's Ansan Branch.

On May 23, 2014, the Defendant driven a e-learning car while under the influence of alcohol content of about 100 meters at the front of the 11116-day road, as the Silung City, around 02:17, while under the influence of alcohol content of about 0.088%.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Report on the state of driving under the influence of alcohol, and inquiry into the results of the control of drinking driving;

1. Records before judgment: Application of criminal records, etc. and Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

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

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act on probation and lecture attendance order is that the defendant should be punished strictly in that he/she re-driving even though he/she had been punished for driving under drinking condition, and had been punished for non-licenseless driving even before, although he/she had been able to do so: Provided, That the fact that the defendant is against the defendant, the blood alcohol concentration level at the time of detection is very high and the distance of driving is relatively short, and the defendant's age, character and behavior, environment, motive, means and consequence leading to the crime of this case, the circumstances before and after the crime of this case, and other circumstances shown in the records of this case, the execution of imprisonment shall be suspended only once.