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 23, 2008, the defendant was issued a summary order of one million won by a fine for a violation of the Road Traffic Act at the Busan District Court on June 23, 2008, and on August 26, 2009, the defendant was sentenced to a suspended sentence of six months by imprisonment with prison labor for a violation of the Road Traffic Act (driving) and violated Article 44 (1) of the Road Traffic Act not less than twice.

On August 10, 2013, at around 00:15, the Defendant driven a B Car with blood alcohol concentration of 0.163% from approximately 1km to the front road of the written bridge located in the Busan-dong, Busan-dong to the Busan-dong.

Summary of Evidence

1. Defendant's legal statement;

1. A written appraisal of blood alcohol;

1. A report on detection of a host driver;

1. Application of Acts and subordinate statutes to inquiry reports, such as criminal records, and investigation reports;

1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, 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. Article 62-2 of the Criminal Act concerning orders to provide community service and attend lectures;