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 December 6, 2012, the Defendant was sentenced to 6 months of imprisonment and 2 years of suspended execution due to a violation of the Road Traffic Act at the Changwon District Court on December 6, 2012. On October 8, 2012, the Defendant received a summary order of 2.5 million won of fine due to a violation of the Road Traffic Act (drinking) by the said court on February 11, 2008.

On December 10, 2015, the Defendant, while under the influence of alcohol at around 01:40%, driven a car with B low-speed from around 3 km to the front road of the restaurant in which the trade name in the Kimhae-si is unknown while under the influence of alcohol at 0.147% during blood, from the front road of the restaurant where the trade name in the Kimhae-si is unknown to the front road of the large apartment in the Kimhae-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of crackdown on the driving of drinking, statement of the situation of the driver driving, and inquiry about the results of crackdown on 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;

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 Defendant, on the grounds of sentencing under Article 62-2 of the Criminal Act, committed the instant crime by repeating the instant crime even though he/she was under the influence of having been sentenced to a suspended sentence due to the crime of violating the Road Traffic Act, as stated in the facts constituting the instant crime, and the amount of alcohol concentration in blood at the time of driving the instant crime is highly high, should be strictly punished.

However, it is limited to a time in consideration of the sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, sexual conduct, motive, means and consequence of the crime and the circumstances after the crime.