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

[criminal history] On March 24, 2011, the Defendant was sentenced to a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking driving) in the Daegu District Court’s support on March 24, 2011. On December 8, 2011, the Defendant was sentenced to a suspended sentence of two years for six months for a crime of violating the Road Traffic Act (drinking driving).

[2] Although Defendant 1 had had a history of driving alcohol more than twice as above, Defendant 1 driven an E T-Ra motor vehicle under the influence of alcohol level 0.121% in blood while under the influence of alcohol level 0.121% in front of the “D” road located in Ansan-si C around December 20, 2015 through the same Eup/Myeon road.

Summary of Evidence

1. Statement by the defendant in court;

1. The circumstantial report on the driving of the driver concerned, the circumstantial report on the driver concerned, and the internal investigation report; and

1. Previous convictions: Inquiry into criminal history and application of Acts and subordinate statutes concerning investigation reports;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. The main sentence of Article 62 (1) of the Criminal Act (the main sentence of Article 62 (1) of the Act on the Suspension of Execution shall be provided with the last opportunity in consideration of the fact that there is a record of the same kind of power

1. It is so decided as per Disposition on the grounds that protection and observation and community service work is more than 62-2 of the Criminal Act (in order to prevent recidivism);