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 Power] On February 7, 2007, the Defendant was sentenced to a fine of 5 million won by the Changwon District Court due to a crime of violation of the Road Traffic Act (driving) at the Changwon District Court's branch on the following grounds: (a) 2 years of the suspension of the execution of six months; and (b) 5 million won of a fine at the Changwon District Court's branch on November 9, 2007.

【Criminal Facts】

On August 1, 2015, at around 11:16, the Defendant driven B Poter Cargo at approximately 5km section from the front of the Sinsan-si Dob restaurant in Busan-si, Busan-do to the end of the horizontal distance in front of the same city, the Defendant driven B Poter Cargo at approximately 0.084% of blood alcohol content, while under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Inquiry into the result of the crackdown on drinking driving;

1. Previous convictions in judgment: References to criminal records, investigation reports (judgments and summary orders) and the application of statutes;

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

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

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

1. The sentencing conditions under Article 51 of the Criminal Act, such as the Defendant’s blood alcohol concentration, degree and distance of alcohol level, driving background and distance, the records of punishment for the same kind of crime, and the Defendant’s age, character and conduct, environment and circumstances after the crime, etc. for the reasons of sentencing under Article 62-2 of the Criminal Act, shall be determined by comprehensively considering the Defendant’s age, character and behavior, and the order to provide community service