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

On June 26, 2009, the Defendant was issued a summary order of KRW 700,000 by the Suwon District Court for a violation of the Road Traffic Act, and on March 26, 2010, the Defendant was issued a summary order of KRW 1.5 million by the same court as on March 26, 2010, and was in violation of Article 44(1) of the Road Traffic Act on more than two occasions.

Around 03:00 on August 3, 2015, the Defendant driven a B-learning car at a section of about 10 meters up to the front road of the sperm station located in the Sungnam-dong, Sungnam-si, with the alcohol concentration of 0.227%.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. Previous record: Application of each written reply to criminal records, reply, and summary order;

1. Relevant Article of the Act on the Crime and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (Selection of Imprisonment or Imprisonment);

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

1. Article 62 (1) of the Criminal Act;

1. In light of the various circumstances, including the two previous convictions of the same kind of fine for the reason of sentencing in Article 62-2 of the Criminal Act, and the two previous convictions related to driving motor vehicles (including one previous convictions of the suspension of execution of sentence), the fact that blood alcohol is high, the defendant reflects the fact that the driving distance is short, etc., the statutory punishment shall be mitigated, and the sentence shall be determined as per the order.