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.

Punishment of the crime

[criminal history] On October 24, 2001, the Defendant was issued a summary order of KRW 2 million as a crime of violating the Road Traffic Act (drinking driving), and KRW 3 million as a fine for a violation of the Road Traffic Act (drinking driving) at the Changwon District Court’s branch on August 5, 2002. On August 14, 2003, the Defendant was sentenced to a suspended sentence of one year for a crime of violating the Road Traffic Act (drinking driving), etc. at the same court on August 14, 2003. On February 10, 2011, the Defendant was issued a summary order of KRW 3 million as a fine for a violation of the Road Act (drinking driving) at the Changwon District Court’s branch branch on February 10, 201, and on June 5, 2013, by a fine of KRW 3 million for a violation of the Road Traffic Act (drinking driving) at the Busan District Court.

[2] On January 12, 2016, the Defendant driven CM5 car under the influence of alcohol leveling of about 0.248% from the 5km section, from the front of the claim apartment located in the same Dong to the front of the 21st parallel road along the south coast of the same east-gu, Yongnam-si around 21:55 on January 12, 2016, while under the influence of alcohol leveling of about 0.248%.

Summary of Evidence

1. Statement by the defendant in court;

1. A written appraisal of alcohol and a report on the detection of a primary driver during blood;

1. Previous conviction: Application of Acts and subordinate statutes to inquire about criminal history and report on investigation (Attachment to a report on investigation of the same kind of force);

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act (including the fact that there exists no record of punishment heavier than a suspended sentence since 2003, and the fact that the defendant is against his/her gender, etc.);

1. Article 62 (1) of the Criminal Act ( repeatedly considered for the foregoing reason);

1. It is so decided as per Disposition on the grounds of Article 62-2 or more of the Criminal Act concerning orders to provide community service and attend lectures;