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 March 13, 2009, the Defendant was sentenced to a fine of KRW 700,000 as a crime of violation of the Road Traffic Act at the Suwon District Court on March 13, 2009, and a fine of KRW 2 million as a same crime at the Ansan District Court on March 15, 2013, respectively.

On September 16, 2013, at around 23:36, the Defendant driven C Aburgn-turged car in the state of alcohol 0.085% of the blood alcohol concentration from the 1km section from the roads near the mutually unclaimed restaurant located in the Soyang-dong in Ansan-si to the roads in front of the same 1479-2.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

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

1. Relevant Article of the Act on the Crime and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (Selection of Imprisonment or Imprisonment);

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

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

1. Taking account of the fact that the Defendant was sentenced to a fine due to the reason of sentencing under Article 62-2 of the Criminal Act due to the driving under the influence of alcohol, and that the Defendant committed the instant crime at least six months, Defendant should be sentenced to a strict punishment; however, the Defendant’s violation of the crime, and the Defendant’s detention appears to face the difficulty of his/her family’s livelihood when being detained, etc. shall be determined as ordered by the disposition.