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 May 25, 2009, the defendant issued a summary order of 500,000 won of a fine for a violation of the Road Traffic Act at the Cheongju District Court on May 25, 2009, and on April 5, 201, the Cheongju District Court issued a summary order of 3 million won of a fine for a violation of the Road Traffic Act.

Criminal facts

On April 28, 2013, around 05:30, the Defendant driven approximately 300m-meter of the Bcoon-line cargo vehicle while under the influence of 0.091% of blood alcohol level on the front of the Yaria Sacheon-dong located in Geumcheon-gu, Geumcheon-do.

Summary of Evidence

1. Defendant's legal statement;

1. Control note, report on detection of drivers, and circumstantial statement of drivers;

1. Previous convictions indicated in judgment: Application of criminal records and investigation reports (Attachment of the same criminal records and summary order);

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;

1. The favorable circumstances such as the confession of the defendant for the reason of sentencing under Article 62-2 of the Criminal Act and the fact that there is no record of having been sentenced to suspended sentence or more severe punishment, and the defendant shall determine the punishment as ordered in consideration of all the factors of sentencing, including the defendant's age, character and conduct, environment, circumstances of the crime, and circumstances after the crime, etc.