A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On May 7, 2013, the Defendant was sentenced to a 6-year suspended sentence of imprisonment for a violation of the Road Traffic Act at the Busan District Court on May 7, 2013, and was sentenced to a 2-year suspended sentence of imprisonment for the same kind of crime

On December 27, 2015, the Defendant, while under the influence of alcohol 0.118% during blood transfusion around 16:00, driven a car with approximately KRW 500 meters away from the previous road of 18,000 in the Chang-si, Chang-si, Nowon-ro 18, Gowon-ro, Gowon-ro, or the previous road of 339, an alley apartment located in the same mouth-ro 339.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the situation of a driver in charge of drinking, inquiry of the results of crackdown on drinking driving, and notification of the completion of correction;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (A), and Acts and subordinate statutes;

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The reasons for sentencing under Article 62-2 of the Criminal Act include the following facts: (a) the Defendant committed the same kind of crime despite the fact that he/she was sentenced to a suspended sentence due to a violation of road traffic law, such as the provision of criminal facts stated in the judgment; and (b) the Defendant’s strict punishment is reasonable in light of the fact that the blood alcohol concentration in the blood at the time of driving the instant drinking.

However, it is limited to more than once a sentence of imprisonment with prison labor is imposed on a defendant, taking into account the following factors: the defendant's mistake is divided and reflected; the defendant supports a person who has difficulty in living alone; the defendant's age, sexual conduct, motive, means and consequence of the crime; the conditions for sentencing prescribed in Article 51 of the Criminal Act; the scope of recommended punishment under the sentencing criteria prescribed in Article 51 of the Criminal Act, such as the circumstances after the crime; and the scope of recommended punishment after the crime.