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 October 9, 2009, the Defendant received a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act from the Gangseo branch court of the Chuncheon District Court, and a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act in the Gangnam branch court of the Chuncheon District Court on October 14, 2013.

On January 27, 2014, at around 23:30, the Defendant driven a B-learning car with a blood alcohol content of about 4 km from around 23:40 on the same day to the string-distance road located in the Gangseo-si, Gangseo-si, Gangnam-si, and around 0.235% on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Report on the state of driving under the influence of alcohol, and inquiry into the results of the control of drinking driving;

1. Previous records of judgment: Criminal history records, probationary records, report on the results of confirmation of the previous dispositions, and application of investigation reports and Acts and subordinate statutes;

1. Relevant Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., deep reflective points);

1. Article 62 (1) of the Criminal Act on the suspension of execution ( repeatedly considering the grounds for discretionary mitigation);

1. Probation and community service order shall be decided as ordered by the court on the grounds of Article 62-2 or more of the Criminal Act;