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 of the final judgment.

Punishment of the crime

[criminal power] On December 19, 2003, the defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act (driving) at the Busan District Court. On November 9, 2006, the defendant was notified of a summary order of two million won for the same crime from the Busan District Court's Dong Branch. On June 7, 2007, the same court was notified of a summary order of three million won for a violation of the Road Traffic Act (driving). On October 22, 2008, the defendant was sentenced to a suspended sentence of two years for a violation of the Road Traffic Act (driving) at the Busan District Court's Busan District Court.

【Criminal Facts】

The defendant is a person who violates Article 44 (1) of the Road Traffic Act not less than twice, such as the above criminal records.

On June 15, 2014, at around 02:05, the Defendant driven BMW motor vehicle with a blood alcohol concentration of 0.113% under the influence of alcohol, from the “LG parking lot” located in the Southern-gu Busan Metropolitan City to the roads in front of the BM parking zone, from around 10 meters in front of the Cheongdol-dong.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to a report on detection of a host driver;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (including the cases where he/she commits an error, etc.);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);

1. Probation and order to provide community service or attend lectures, and Article 62-2 of the Criminal Act (which is likely to repeat crimes in light of the records of crimes);