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 March 12, 2009, the Defendant received a summary order of a fine of KRW 2 million for a violation of the Road Traffic Act (driving) from the Jung-gu District Court Goyang Branch on March 12, 2009. On October 8, 2015, the Defendant filed a petition for a summary order of KRW 4 million for a fine of KRW 4 million for a violation of the Road Traffic Act (driving).

Although the Defendant had had a record of driving under the influence of alcohol more than twice as above, at around 16:55 on October 11, 2015, the Defendant driven a motor vehicle Etemea while under the influence of alcohol with a blood alcohol concentration of 0.115% on the front of the D on the street at Pjuju-si.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver and report on the control of drinking driving;

1. Records of judgment: Application of criminal history records, investigation reports (former records, summary orders, and indictments) and Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, and the choice of imprisonment;

1. Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (see the following reasons for sentencing):

1. Article 62(1) of the Criminal Act (see the following reasons for sentencing)

1. The reason for sentencing under Article 62-2 of the Criminal Act: (a) the Defendant had a record of two times of drinking alcohol driving and one time of refusing to measure drinking alcohol; and (b) the Defendant again carried out drinking driving in this case even though he was under the influence of drinking on September 14, 2015, and even though he was under the influence of drinking on September 14, 2015, there is a need for any corresponding strict punishment.

However, in consideration of the fact that the defendant has recognized his mistake, repented, and again, he is expected not to drive under the influence of alcohol, there is no record of more severe punishment than the fine, and that he should support his family, etc., the punishment shall be determined to suspend the execution of imprisonment as above.