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

[criminal power] On October 29, 2007, the Defendant was sentenced to a fine of KRW 5 million for a violation of the Road Traffic Act (driving) at the Sungnam Branch of Suwon District Court on June 8, 2012, a fine of KRW 4 million for a violation of the Road Traffic Act (driving) at the Chuncheon District Court on June 8, 2012, and one year for a suspended sentence on June 28, 2012 for the same crime.

【Criminal Facts】

On August 10, 2014, the Defendant, while under the influence of alcohol 0.249% of blood alcohol level on August 15, 2014, driven B rocketing car at a section of about 300 meters from the upper end of the Gyeongnam-gun’s territory, “land fishery” to the front end of the same Ri-sea village restaurant.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Before ruling: Application of criminal records, inquiry reports, investigation reports, and statutes;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

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

1. Article 62 (1) of the Criminal Act on the stay of execution (the stay of execution shall be selected in consideration of the fact that the criminal defendant has committed the instant crime even though he/she had been under the suspension of execution due to the same crime, and that the blood alcohol concentration is considerably high, and thus the criminal liability of the criminal defendant cannot be mitigated; however, the criminal defendant is going not to repeat the recidivism again);

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