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

[Criminal Power] On May 29, 2012, the Defendant was notified of a fine of KRW 3 million for a violation of the Road Traffic Act (driving) at the Seo-gu District Court’s Branch Branch of the Daegu District Court. On December 29, 2011, the Defendant was notified of a fine of KRW 2 million for the same crime.

【Criminal Facts】

On August 27, 2016, the Defendant, who violated Article 44(1) of the Road Traffic Act twice or more, driven a car in the column B while under the influence of alcohol with approximately 0.270% of blood alcohol concentration at the section of about 20km from the front of the restaurant, regardless of the gold mountain located in the Gu-Sin-si Gyeong-si Do, in the front of the restaurant, and at the same time, from the front of the Ystedi Campping site, the Defendant was under the influence of alcohol concentration at approximately 0.270%.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, and report on the state of driving under drinking;

1. Previous records of judgment: Criminal records, inquiry reports, and the application of Acts and subordinate statutes reporting criminal investigations;

1. Relevant Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime;

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 include the following facts: (a) the Defendant had been punished twice by a fine of 201 and 2012 for the same type of crime; (b) the blood alcohol level at the time of driving under the influence of alcohol in this case reaches 0.270%; and (c) the Defendant’s age, character and conduct, intelligence and environment, motive, means and consequence of the crime; and (d) other various grounds for sentencing as indicated in the argument of this case, such as the circumstances after the crime, etc.,