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 October 30, 2013, the Defendant was sentenced to a fine of four million won by a Busan District Court for a violation of the Road Traffic Act, and on September 3, 2014, the Defendant was sentenced to a fine of three million won by the same court on September 3, 2014.

On August 7, 2015, at around 07:25, the Defendant driven a B Sti-type car under the influence of alcohol concentration of 0.181% at a section of about 2 km from the front of the power-based cafeteria cafeteria located in the Busan East-gu, Busan, to the front of the same hot spring 2-dong funeral farm located in the same Gu.

Accordingly, the defendant, who violated Article 44 (1) of the Road Traffic Act more than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. A report on detection of a host driver, and a report on the circumstances of a host driver;

1. Previous records: Application of criminal records, etc. and other Acts and subordinate statutes;

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following favorable circumstances):

1. Article 62 (1) of the Criminal Act on the suspension of execution (see, e.g., Article 62 (1) of the same Act);

1. Article 62-2 of the Criminal Act on Probation and Order to Attend Courses;