A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On December 18, 2009, the Defendant issued a summary order of KRW 2 million to a fine for a violation of the Road Traffic Act at the Suwon District Court on December 18, 2009, and on April 24, 2013, the Defendant issued a summary order of KRW 5 million to the same crime at the same court on April 24, 2013, and has violated Article 44(1) of the Road Traffic Act on at least two occasions.

On August 8, 2015, at around 00:20, the Defendant driven B car at a section of about 3 km from the right line middle school located in the area of Suwon-si, Suwon-si, the area of which is around 0.238% alcohol level, while under the influence of alcohol at 0.238%.

Summary of Evidence

1. Defendant's legal statement;

1. A written appraisal of blood alcohol;

1. Previous convictions indicated: Criminal history records, replys to inquiry, application of Acts and subordinate statutes;

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. Taking into account various circumstances that constitute sentencing conditions, such as the fact that the previous conviction of a fine of the same kind for the reasons of sentencing under Article 62-2 of the Criminal Act is two cases of community service and lecture attendance order, the fact that blood alcohol is high, the defendant's reflectiveness, and driving distance is not short, the statutory punishment shall be mitigated and the sentence shall be determined as ordered.