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 December 28, 2009, the Defendant issued a summary order of KRW 1 million for a violation of the Road Traffic Act (driving) at the Ansan Branch of the Suwon District Court on December 28, 2009, and on February 7, 2012, the Defendant was sentenced to a fine of KRW 4 million for a violation of the Road Traffic Act (driving) at the Ansan Branch of the Suwon District Court on February 7, 2012.

On April 20, 2014, at around 16:26, the Defendant driven a 100-meter section from the fishing place located in Chang-ri, Incheon, Incheon, to the front road of the designated company located in the same Ri, with approximately 100 meters of alcohol level B, while under the influence of alcohol level of 0.249% of alcohol level.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records and investigation reports (Attachment to judgments related to the violation of the Road Traffic Act);

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 201Do139, Apr. 1, 201);

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

1. Article 62-2 of the Criminal Act to provide community service or attend lectures;