A defendant shall be punished by imprisonment for one year.

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 September 14, 2007, the defendant was sentenced to 8 months of imprisonment with labor for a violation of the Road Traffic Act at the Busan District Court on September 14, 2007, and on March 5, 2009, the Busan District Court issued a summary order of a fine of 3 million won for a violation of the Road Traffic Act (driving) at the Busan District Court on March 5, 2009, and has been punished two times or more for a violation of the Road Traffic Act (driving).

Nevertheless, the Defendant, while under the influence of alcohol around 19:30 on October 26, 2014, driven a B-hand car at approximately 500 meters away from the 19:50 meters away from the 19:30% alcohol level to the roads near the Busan Southern Eastdong apartment.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the status of a drinking driver, and the written report on the status of a drinking driver;

1. Previous records: Application of inquiry reports and investigation reports (suspects' previous records and attachments), such as criminal records;

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

1. In light of the following circumstances in sentencing under Article 62-2 of the Criminal Act, and other various sentencing conditions under Article 51 of the Criminal Act, such as the Defendant’s age, character and conduct, environment, motive and circumstance leading up to the Defendant to the instant crime, means and consequence of the instant crime, etc., the execution of the sentence shall be suspended only once more than a long-term isolation from society by sentencing the Defendant’s imprisonment with prison labor, but it is deemed reasonable to order the Defendant to attend the community service and compliance driving lecture for a certain period of time, and such sentence shall be determined as ordered.

The defendant committed the crime of this case without being subject to criminal punishment on several occasions of the same crime even though he had a record of criminal punishment.

The defendant's blood alcohol concentration.