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.

Criminal facts

[criminal history] On April 21, 201, the Defendant received a fine of 2.5 million won as a crime of violating the Road Traffic Act (drinking) at the Jung-gu District Court on April 21, 201, and was punished by a fine of 2.5 million won as a crime of violating the Road Traffic Act (drinking) at the Goyang-gu District Court on March 26, 2013.

[Criminal facts] On December 1, 2015, at around 03:30, the Defendant driven a motor vehicle B, under the influence of alcohol level of 0.155%, at approximately 5km section from the front of a mutually influent restaurant in the legal principle of the Eup of the court in Pakistan-si to the roads front of the gas station in the Dongcheon-gu, Seosan-gu, Seoul Special Metropolitan City.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on driving alcohol (No. 5 No. 5);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report on investigation (a)

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. For the reasons of sentencing under Article 62-2 of the Criminal Act, an order to attend a course of imprisonment shall be selected and punished, taking into consideration the level of alcohol alcohol, the circumstances leading to the driving of alcohol, the distance and place of the driving of alcohol, the age, sex, environment, circumstances after the crime, etc., and other relevant factors, shall be determined as ordered by the court;