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

[criminal power] On March 7, 2013, the Defendant was issued a summary order of KRW 1.5 million for a crime of violation of the Road Traffic Act (driving) at the Goyang Branch of the Jung-gu District Court on March 7, 2013. On December 9, 2013, the Defendant was issued a summary order of KRW 1.5 million for the same crime at the same court.

【Criminal Facts】

around 00:37 August 11, 2016, the Defendant driven a Grand Cross on the area of approximately KRW 500 meters from the day before Ildong-gu, Mangdong-dong Lone Star to the center in front of the department store, while under the influence of alcohol by 0.146% in blood alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. Each previous record indicated in the circumstantial report of a host driver;

1. A statement on criminal records, etc.;

1. Investigation report and application of summary order Acts and subordinate statutes;

1. Relevant Article of the Act on the Crime and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (Selection of Imprisonment or Imprisonment);

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. Grounds for sentencing Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc.;

1. The scope of punishment by law: Imprisonment with prison labor for six months and one year and six months;

2. Whether or not to apply the sentencing criteria: Offenses against which the sentencing criteria are small and the sentencing criteria are not set.

3. A suspended sentence of two years for eight months in imprisonment with prison labor (the circumstances of the crime and drinking practice, previous convictions and relationships such as the same criminal records, age, character and conduct, home environment, etc. of the defendant);