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

Punishment of the crime

On February 2, 2007, the Defendant was sentenced to a summary order of one million won by a fine for a violation of the Road Traffic Act at the Suwon District Court on February 2, 2007; on October 8, 2010, the Defendant was sentenced to a summary order of three million won by a fine at the Suwon District Court on July 8, 201; on August 23, 2012, the Defendant was sentenced to a suspended sentence of six months by imprisonment with prison labor for a violation of the Road Traffic Act (driving) at the branch court of Suwon District Court on August 23, 2012.

On July 26, 2014, the Defendant, as a person who violated Article 44(1) of the Road Traffic Act two or more times, driven a BM5 vehicle under the influence of alcohol with approximately 0.218% alcohol concentration from the front day of the house gambage, which is located in the wife, Kim Wol-dong, GM50 on July 26, 2014, to the front day of the Dong Gamba, GM5 vehicle under the influence of alcohol concentration of about 100 meters.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. Previous convictions indicated in the judgment: Criminal records, etc. inquiry report, Suwon District Court Decision 2007 High Court Decision 1768 High Court Order, Summary Order 2010 High Court Decision 21605 High Court Decision, Summary Order 2010 High Court Decision 2012 High Court Decision 2012 High Court Decision 99 shall apply;

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. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is that the defendant reflects his/her mistake, is a crime committed during the suspension period of the execution of the same kind of crime, and the punishment shall be determined as ordered in consideration of the overall sentencing conditions, such as blood alcohol concentration at the time of the crime, the age, character and conduct of the defendant, and environment.