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

[Criminal Power] On August 17, 2010, the Defendant was sentenced to a fine of 4 million won for the same crime in the Daegu District Court’s branch court’s imprisonment with prison labor for the violation of the Road Traffic Act (driving).

【Criminal Facts】

On July 10, 2015, at around 18:50, the Defendant driven the Csch Rexton vehicle owned B at three kilometers in front of a water-related specialized driving school located in the city of Gyeongsi-gu, Daegu, up to 0.216 percent of alcohol level, while under the influence of alcohol level of 0.216 percent.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. The circumstantial statement;

1. Previous records: Application of criminal records, etc. and other Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

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

1. Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act);

1. Probation, community service or order to attend lectures under Article 62-2 of the Criminal Act;