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

In the Seosan Branch of the Daejeon District Court on December 15, 2014, the Defendant issued a summary order of a fine of KRW 6 million for a violation of the Road Traffic Act, and on July 24, 2015, the same court issued a summary order of KRW 4 million for the same crime, etc. on at least two occasions as a crime of violation of the Road Traffic Act.

On July 17, 2016, at around 13:28, the Defendant driven a B car under the influence of alcohol level of approximately 30 km from the road near Pyeongdo-Eup, Yangsan-si to the front road in front of the entrance of the dead village located in the Gansan-gun, Busan-gun, Busan-gun, to the entrance of the dead village located in the Gansan-gun, Busan-gun, the Defendant driven a B car with a blood alcohol level of about 0.11%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and the results of the control of drinking driving;

1. Previous records of judgment: Application of criminal records, etc. and investigation reports (verification of the records that a suspect has been punished twice or more for drunk driving);

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. In light of the following circumstances in sentencing under Article 62-2 of the Criminal Act, and other factors as well as the Defendant’s age, character and conduct, environment, background leading up to the Defendant to the instant crime, circumstances before and after the instant crime, etc., the execution of the sentence is suspended only once more than that of the Defendant’s imprisonment with prison labor for a long time, but it is reasonable to order the Defendant to provide community service and to take a compliance driving course for a certain period of time, and such sentence is determined as ordered.

Unfavorable circumstances: the defendant commits a crime of the same kind.