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 April 15, 2013, the Defendant was issued a summary order of a fine of KRW 4 million for a violation of the Road Traffic Act at the port support of the Daegu District Court, and on September 5, 2013, the Defendant was sentenced to a suspended sentence of two years for imprisonment for a violation of the Road Traffic Act.

On August 23, 2015, the Defendant, as seen above, driven a Brocketing car at the section of approximately 1 kilometer from the front of the restaurant of “day detention” in the south-gu Sea-do at the port of port to the front of the “Yanpodo” in the “Yando-dong,” in the state of under the influence of alcohol of 0.163% of blood alcohol level around 00:10 on August 23, 2015, while the Defendant violated Article 44(1) of the Road Traffic Act two or more occasions.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and notification of the result of crackdown on drinking driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal records, investigation reports (Attachment to the same criminal records and judgments, etc.);

1. Relevant laws concerning criminal facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty, and the choice of imprisonment;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (The following circumstances shall be considered in favor of the accused);

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

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: Probation, community service order, and order to attend a lecture three times, and the criminal act of this case was committed without being familiar with the suspended sentence due to drinking driving, etc.; circumstances favorable to the high drinking level: not causing traffic accidents due to simple drinking driving; and committed the criminal act of this case during the grace period; although the criminal act of this case was committed during the grace period, it was committed under the state of being 20 days after the expiration of the grace period; the defendant supports her husband who has difficulty with driving due to disability, and the defendant supports her husband.