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 August 4, 2006, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act (driving) at the Seoul Eastern District Court on August 4, 2006, and a summary order of two million won or more for the same crime at the same court on November 21, 2008. On June 3, 2009, the Defendant was sentenced to a suspended sentence of one year for four months by imprisonment with prison labor for the same court on June 3, 2009.

On November 23, 2013, around 2013:37, the Defendant driven B-low-scale car under the influence of alcohol with approximately 10km alcohol concentration of about 0.063% from the 10km section from the front of Songpa-gu Seoul Songpa-gu Office to the road prior to the Guri-si 269-3.

Accordingly, the defendant, who violated Article 44 (1) of the Road Traffic Act more than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

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

1. Requests for appraisal;

1. Previous records: Criminal records and other inquiries, and the application of Acts and subordinate statutes to investigation reports (verification of criminal records of sound 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62(1) of the Criminal Act (limited to the suspension of execution of imprisonment in consideration of the fact that it is necessary to impose a severe punishment, but considering the fact that the mother, wife and her two children are supported, and blood alcohol concentration is relatively low, the execution of imprisonment is suspended);

1. Article 62-2 of the Criminal Act concerning orders to provide community service and attend lectures;