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 October 12, 2009, the Defendant was notified of a summary order of a fine of two million won at the Changwon District Court for a violation of the Road Traffic Act. On October 13, 2010, the Defendant was sentenced to a suspended sentence of two years for six months by imprisonment with prison labor at the Changwon District Court for a violation of the Road Traffic Act.

On April 16, 2015, at around 21:54, the Defendant driven a car with low alcohol level of at least 0.104% alcohol level from the 200-meter section to the front road of the district class of the Dong, West-si, Kim Jong-si in the same Dong-si.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of any person who violates the Road Traffic Act, report on the driving of any drinking driver, report on the circumstances of any drinking driver, and inquiry into the results of the crackdown on drinking driving;

1. Previous convictions indicated in judgment: Application of criminal records, reply reports, 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. Article 53 or 55 (1) 3 of the Criminal Act (The following extenuating circumstances shall be considered for the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The Defendant, on the grounds of sentencing under Article 62-2 of the Criminal Act, committed the instant crime even though the same criminal history was more than seven times, in consideration of the fact that the Defendant committed the instant crime, and that the blood alcohol concentration level at the time of driving under the influence of alcohol was higher than that of the instant case, as stated in the facts constituting the crime.

However, the defendant's mistake is divided and reflected, and the defendant has no record of the same crime after he was sentenced to a suspended sentence in 2010, and the defendant's punishment is imposed only once in consideration of the sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, character and conduct, motive, means and consequence of the crime, and circumstances after the crime.