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 December 9, 2010, the Defendant was sentenced to a fine of KRW 3 million due to a violation of the Road Traffic Act (driving) at an Ansan District Court’s Ansan Branch on December 9, 201, and on March 2, 2011, the same court was sentenced to a fine of KRW 1 million due to a violation of the Road Traffic Act (driving).

On September 14, 2014, at around 23:30, the Defendant driven B cruise vehicles at approximately 100 meters from the 210th Do in front of the Geum River apartment of about 121-dong, as it was under the influence of alcohol by 0.217% in the blood alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

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

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

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

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

1. The grounds for sentencing under Article 62-2 of the Criminal Act for orders to provide community service and attend lectures are against the defendant; there is no record of punishment heavier than a suspended sentence due to the same crime; and other consideration of the defendant's age, character, conduct, environment, etc.