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 April 8, 2009, the Defendant was sentenced to a fine of three million won for a violation of the Road Traffic Act (driving) at the Busan District Court on April 8, 2009, and on July 23, 2010, issued a summary order of five million won for a violation of the Road Traffic Act (driving) at the Busan District Court on July 23, 201 and violated Article 44 (1) of the Road Traffic Act at least twice.

On June 2, 2013, around 23:11, 2013, the Defendant driven a B car with a blood alcohol concentration of about 5 meters in approximately 0.230% while under the influence of alcohol from around the convenience store of GS25 Si, which is located in the Southern Port of Busan, to the front route of the Dong, etc. in the same Dong.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. A written appraisal of blood alcohol;

1. An inquiry report, such as a criminal history;

1. Application of Acts and subordinate statutes to investigation reports (a certified copy of judgment and attachment of summary order);

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act that choose the penalty, and the choice of imprisonment ( taken into account the same type of crime, the amount of alcohol, etc.);

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (Consideration of factors leading to driving and distance of driving, etc.);

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

1. Order to attend lectures under Article 62-2 of the Criminal Act;