A defendant shall be punished by imprisonment for not less than eight months.

except that 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 June 15, 2007, the Defendant received a summary order of 1.5 million won or more as a fine for a violation of the Road Traffic Act by the Incheon District Court, and issued a summary order of 2 million won or more as a fine by the same court on June 24, 2009.

As above, the Defendant, who was punished twice or more for a violation of the Road Traffic Act (driving) and was driving at around 22:30 on May 29, 2013, under the influence of alcohol by 0.183% of the blood alcohol concentration at approximately 10 meters from the training-dong, Yeonsu-gu, Incheon Metropolitan City.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. The actual condition survey report;

1. A report on detection of a de facto driver and a circumstantial statement;

1. Application of Acts and subordinate statutes, such as criminal records;

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

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Article 55 (1) 3 of the Criminal Act);

1. Article 62 (1) of the Criminal Act on the suspended execution.