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 January 4, 2008, the Defendant was sentenced to a summary order of KRW 4,00,000 as a fine for a violation of the Road Traffic Act (driving) in the Daegu District Court Kimcheon Branch on January 4, 2008, and on March 18, 2010, the Defendant was sentenced to a prison term of KRW 6 months and a suspended sentence of two years on March 18, 201.

On April 25, 2015, the Defendant driven a BM5 vehicle under the influence of alcohol with approximately 100 meters in a section of approximately 0.087% of blood alcohol concentration from the front of the CU convenience store in the Gumi-si, Nowon-si, Seoul Special Metropolitan City to the front road of the Dobong-si CU convenience store in the Gumi-si.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of running a motor vehicle under consideration, and the statement on the state of standing of the motor vehicle under consideration;

1. Criminal records, inquiry reports, and the application of two copies of written judgments to the Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 2009Da11448, Apr. 1, 201; Supreme Court Decision 2009Da11448

1. Article 62 (1) of the Criminal Act on the suspension of execution;

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;