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

Punishment of the crime

On September 18, 2007, the Defendant was sentenced to a suspended sentence of one year in the Seoul Western District Court for a crime of violation of the Road Traffic Act, etc., and on September 16, 2010, the Defendant was sentenced to a suspended sentence of two years in the Seoul Southern District Court for a crime of violation of the Road Traffic Act.

Criminal facts

On May 15, 2012, the Defendant was under the influence of alcohol of 0.107% of blood alcohol concentration on May 15, 2012, and the Defendant was driving DK7 car on the 23rd road in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Criminal place, voluntary criminal records, and written statement of control;

1. Notification of the control of drinking driving;

1. Taking photographs of vehicles at a control place;

1. Investigation report (Report on the status of an employee);

1. Inquiry into the enemy;

1. Previous records of judgment: Criminal records, etc., inquiry reports, investigation reports (Attachment of a copy of judgment), and application of two copies of judgment decisions;

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. The reason for sentencing [limited to the applicable sentence] under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation [limited to the applicable sentence] of the Act on the Aggravated Punishment, etc. of Specific Crimes (the Aggravated Punishment, etc. of Specific Crimes) and Article 55(1)3 (the following reasons for sentencing] of the Act on the Aggravated Punishment, etc. of Specific Crimes (the Aggravated Punishment, etc. of Specific Crimes), the defendant's blood alcohol concentration is not less than 0.1% and less than 1 year and 6 months (the decision of sentence] of the Act on the Aggravated Punishment, etc. of Specific Crimes (the Act on the Aggravated Punishment, etc. of Specific Crimes) and the Act on the Aggravated Punishment, etc. of Specific Crimes (the Act on the Aggravated Punishment, etc. of Specific Crimes), and the defendant's blood alcohol concentration is not less than 0.1%, etc. as seen earlier.