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

[criminal power] On March 30, 2012, the Defendant received a summary order of KRW 4 million from the Seoul Eastern District Court to a fine of KRW 1,00,000 for a violation of the Road Traffic Act (driving) and on January 13, 2012, the same court issued a summary order of KRW 4,00,000 for a fine of KRW 1,00 for a violation of the Road Traffic Act.

【Criminal Facts】

At around 23:00 on July 11, 2014, the Defendant driven a B car in the state of alcohol alcohol concentration of about 10km from the front line of the trade name in the Yongsan-gu, Seoyang-gu, Seoyang-gu to the front line of the original Heungyang-dong in the same city.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. A report on the actual status of a host driver;

1. Registers of driver's licenses;

1. Previous records of judgment: Application of criminal records, inquiry reports and investigation reports (attached to criminal records of the same kind of drinking and summary orders);

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

1. Punishment for a violation of Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment for a violation of the Road Traffic Act with heavier punishment shall be imposed);

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act is that even though the person was sentenced to a fine twice due to the power of the same kind in the past, he/she again commits a motor vehicle driving, etc., and the blood alcohol concentration is very high and thus the need for strict punishment is high.

However, the execution shall be deferred only once, taking into account the fact that the defendant is led to confession, and there is no punishment of suspension of qualifications or more than the past suspension of qualification.

It is so decided as per Disposition for the above reasons.