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.

Criminal facts

On August 19, 2010, the Defendant received a summary order of a fine of two million won or more for a crime of violation of the Road Traffic Act from the Incheon District Court, and a summary order of two million won or more for the same crime at the same court on September 14, 2012.

"2015 Highest 1000"

1. Around 00:50 on April 8, 2015, the Defendant driven BMW car while under the influence of alcohol concentration of 0.132% on the front of “Pastart,” located in the CM-dong, Kimhae-si.

"2015 Highest 1218"

2. On May 3, 2015, at around 20:30, the Defendant driven BMW car under the influence of alcohol with approximately 100 meters alcohol concentration of 0.062% from the 100-meter section before the restaurant for “Wed-Sed-Sed-Sed-Sed-Sed-Sed-Sed-Sed-Sed-Sed-Sed-Sed-Sed-Sed-Sed-Sed-si,

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Report on the electronic issuance of driving under the influence of liquor;

1. Application of Acts and subordinate statutes to criminal records and investigation reports (a copy of a summary order);

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act applicable to the facts constituting a crime;

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Act on the Suspension of Execution; and

1. Order to attend lectures under Article 62-2 of the Criminal Act;