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

1. On June 15, 201, the Defendant was sentenced to a fine of three million won for a crime of violating the Road Traffic Act (driving) in the Goyang Branch of the Jung-gu District Court on March 15, 201, and on February 27, 2015, the Defendant filed a request for a summary order of three million won for a crime of violating the Road Traffic Act (driving) with the Jung-gu District Court on February 27, 2015.

2. Despite the fact-finding record that the Defendant violated the duty not to drive under the influence of alcohol more than twice as above, the Defendant driven Cfriers vehicles under the influence of alcohol with a blood alcohol concentration of 0.146% at the 0.14% on the Mandong-dong Pungdong-dong Pungdong-gu, Goyang-si around 00:17 March 14, 2015.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial report of an employee;

1. Records of judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports;

1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, and the choice of imprisonment;

1. Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (see the following reasons for sentencing):

1. Article 62(1) of the Criminal Act (see the following reasons for sentencing)

1. The reason for sentencing under Article 62-2 of the Criminal Act, even though the Defendant had had had a record of driving under drinking twice, again, was driving under drinking again, and drinking water is considerably high.

Therefore, there is a need for a strict punishment for the defendant.

However, in consideration of the fact that the defendant recognized his mistake and again does not drive under drinking again, and there is no record of more severe punishment than a fine, etc., the punishment shall be determined to suspend the execution of imprisonment as above without sentence only once, by taking into account the fact that the defendant has been sentenced to a heavier punishment than a fine.