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

[criminal history] On January 30, 2009, the Defendant received a fine of KRW 5 million due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (any death or injury caused by danger) and a violation of the Road Traffic Act (drinking) in the Goyang Branch of the Jung-gu District Court on January 30, 2009. On May 22, 2015, the same court received a fine of KRW 3 million due to a violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents and a violation of the Road Traffic Act

[Criminal facts] On November 4, 2015, the Defendant driven a BT XG car while under the influence of alcohol with approximately 0.213% alcohol content 0.213% while under the influence of alcohol, from the road located in the Dong-dong Port and Dong-dong, Busan Metropolitan City around 19:00 to the road of about 5km Dong-dong 1336-5, 136-5, Dong-dong.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the detection of a primary driver;

1. Details of revocation of driver's license and the ledger of driver's license (A);

1. Previous convictions in judgment: Application of a reply to inquiries, such as criminal history, (A), investigation report (report attached to summary written orders), and a copy of summary orders;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act (the following sentencing shall be considered in consideration of the circumstances favorable to the defendant, among the crimes committed) of the mitigated amount;

1. Article 62 (1) of the Criminal Act ( repeatedly considering the aforementioned circumstances);

1. The reasons for sentencing under Article 62-2 of the Criminal Act include a number of criminal records for the same offense.

The alcohol concentration in blood reaches 0.213% and the distance of driving is also driving.

This is disadvantageous to the defendant.

Provided, That the punishment shall be determined as per the disposition in consideration of the fact that the defendant is against himself and has not yet been convicted of a fine exceeding the fine.