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.

Criminal facts

[criminal history] On March 9, 2007, the Defendant was issued a summary order of KRW 700,000 as a crime of violating the Road Traffic Act (drinking) at the Changwon District Court’s Tong-gu District Court’s branch on March 9, 200, and a summary order of KRW 2,00,000 as a fine for the same crime at the same court on August 11, 2009.

[2] On April 7, 2016, the Defendant driven a D low-speed car with a alcohol content of about 300 meters from the front of the restaurant where it is impossible to identify the trade name in the air-free dong at the time of through a around 22:10 on April 7, 2016 to the soil-to-land in the same city in the same city, while under the influence of alcohol content of about 0.10%.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Notification of the results of crackdown on drinking;

1. Previous convictions in judgment: References to inquiries about criminal history, application of investigation reports (judgments, summary orders)-related Acts and subordinate statutes;

1. Relevant provisions of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning facts constituting an offense, and the choice of imprisonment with prison labor;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The sentencing conditions under Article 51 of the Criminal Act, such as the Defendant’s blood alcohol concentration, alcohol concentration, driving background and distance, the records of punishment for the same kind of crime, and the Defendant’s age, sex behavior, environment, and circumstances after the crime, etc. for the reasons of sentencing under Article 62-2 of the Criminal Act, are determined by taking account of the following factors: (a) the Defendant’s punishment is imposed; and (b) the community service order and the order to attend a lecture are added due