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 of the final judgment.

Punishment of the crime

On November 13, 2007, the Defendant was sentenced to a suspended sentence of 8 months by a Seoul Southern District Court for a violation of the Road Traffic Act, etc., and on October 17, 2008, the Defendant was sentenced to a suspended sentence of 4 months by imprisonment for a violation of the Road Traffic Act.

At around 17:00 on May 6, 2014, the Defendant driven B-type vehicles at approximately 700 meters from the vicinity of the land in the Guegnam-gun to the vicinity of the same e-mail, while under the influence of alcohol by 0.263% of blood alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);

1. Although the reasons for sentencing under Article 62-2 of the Criminal Act, such as probation, community service, and order to attend a lecture, despite the fact that the defendant was sentenced to a fine due to drinking driving, etc., and was sentenced to a suspended sentence of imprisonment, the crime of this case is committed at the same time, and the drinking water level at the time of this case is considerably high to 0.263%, it is against the defendant. However, it is decided as per the disposition in light of the following: (a) the defendant is sentenced to imprisonment on October 17, 2008; and (b) the fact that the defendant has no record of being punished for drinking driving