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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Criminal facts

On March 14, 2011, the Defendant was sentenced to a summary order of a fine of 3.5 million won for a crime of violating the Road Traffic Act at the Changwon District Court, and on May 17, 2012, the Defendant was sentenced to imprisonment with prison labor for six months and two years of suspended execution for the same crime at the same court.

On April 30, 2016, around 23:15, the Defendant driven B low alcohol vehicles with approximately 100 meters alcohol content at approximately 0.146% while under the influence of alcohol, from the front side of the night to the front side of the Jin-gu, Jin-gu, Jin-dong, Jin-si, Kim Jong-si, to the front side of the Jin-gu Fire Station located in the same Ri.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the detection of a primary driver;

1. A report on internal investigation:

1. Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (a copy of a summary order, etc.);

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

1. Selection of imprisonment with prison labor chosen;

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

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

1. In full view of the reasons for sentencing under Article 62-2 of the Criminal Act: (a) the details and distance of drinking alcohol driving; (b) the degree of drinking alcohol; (c) criminal records; and (d) the violation of an order to attend a lecture, etc.