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 September 29, 2006, the Defendant was issued a summary order of KRW 2.5 million for a violation of the Road Traffic Act, and a summary order of KRW 3 million for the same crime in the Seosan Branch of the Daejeon District Court on January 21, 2010.

Although the Defendant had been punished for a violation of the Road Traffic Act more than twice as above, at around 06:10 on August 30, 2015, the Defendant driven B Poter II cargo under the influence of alcohol with approximately 0.239% of the blood alcohol concentration from the 20km section of around 20km-si to the 423-4 front road in Ansan-si, Ansan-si.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. Related photographs;

1. Written consent to blood collection;

1. A written appraisal of blood alcohol;

1. A report on detection of a host driver;

1. Making a report on the control of drinking driving;

1. Previous convictions indicated in judgment: Application of criminal records, reply reports, investigation reports, and Acts and subordinate 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;

1. The reasons for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc. are that the defendant drives drinking again even though he had had a history of punishment several times due to drinking driving, the blood alcohol concentration at the time of the crime of this case was considerably high, the defendant's reflectivity, and other factors for sentencing on this case, including the defendant's age, occupation, environment, and circumstances after the crime, shall be determined by comprehensively taking account of all the factors for sentencing as above.