1. The defendant shall be punished by imprisonment with prison labor for ten months;

2.Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive;

Punishment of the crime

On January 18, 2007, the Defendant was sentenced to a fine of KRW 2,50,000 to a fine for a violation of the Road Traffic Act (driving), etc. at the Chuncheon District Court on November 8, 2007, by the same court on November 8, 2007, and two years, and on August 13, 2015, by the same court on August 13, 2015, the Defendant was sentenced to a fine of KRW 3 million, respectively.

On November 10, 2015, the Defendant driven Csch Rexton vehicles under the influence of alcohol content of about 14km from around 09:25 to around 0.14% of alcohol content in blood, from around the front of the Defendant’s house located in the Gangwon-do Gangwon-do, to the joint principal road located in the same Eup/Myeon.

As a result, the defendant has been punished not less than twice as a crime of violating the Road Traffic Act (drinking) but has driven a motor vehicle in a drunken state.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (the same criminal record and confirmation of the suspect);

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 53 and 55(1)3 of the Criminal Act (the following favorable circumstances in light of the reasons for sentencing) of the mitigated amount;

1. Article 62(1) of the Criminal Act on the suspended execution (The following favorable circumstances shall be considered in light of the reasons for sentencing);

1. The fact that the defendant for the reason of sentencing under Article 62-2 of the Criminal Act of the community service and lecture attendance order has three times of imprisonment due to drinking driving and three times of fine is disadvantageous to the defendant. The above three times of imprisonment and both of the above three times of imprisonment have been punished as concurrent crimes with other crimes. The above three times of imprisonment and the fact that the previous offense, which was punished only by drinking driving, is favorable to the defendant

The punishment shall be determined by combining them.